IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.27526-M of 2008 DATE OF DECISION : NOVEMBER 20, 2008 MAHESH KUMAR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr.Aseem Kataria, Advocate, for the petitioner(s). Mr. Abhishek Chautala, AAG, Punjab. Mr. Vishal Sharma, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.7 dated 11.1.2006 under Sections 498-A/406, Indian Penal Code, Police Station, City Fazilka, District Ferozepur (Annexure P-1) and subsequent proceedings, on the basis of compromise. It has been contended that there were matrimonial disputes on account of which the FIR came to be lodged. On intervention of respectables, all the issues have been settled. The compromise deed has been placed on record as Annexure P-2. Isha Rani, complainant/respondent No.2, as identified by her counsel Shri Vishal Sharma, Advocate, is present in court. Respondent Criminal Misc.27526-M of 2008 2 No.2 has filed her affidavit in court, sworn on 20.11.2008, which is taken on record. Isha Rani states that all the disputes have been resolved. Respondent No.2 is, now, living in her matrimonial home with the petitioner and has no complaint of any nature. Respondent No.2 does not want to continue with the proceedings. Learned counsel for the respondent-State has no objection to the quashing of the FIR, on the basis of compromise. I have considered the issue. This Court in a full Bench (5 Judges) has considered the issue of quashing of proceedings in view of compromise in Kulwinder Singh vs. State of Punjab, 2007(3) RCR(Criminal) 1052 (Full Bench). The following has been held in paras 28 to 30:- “28. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C is used to enhance such a compromise which, in turn, enhances the so- cial amity and reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the ab- sence of any premonitions to forecast and predict eventuali- ties which the cause of justice may throw up during the course of a litigation. Criminal Misc.27526-M of 2008 3 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C which can af- fect the inherent power of this Court under Section 482. Fur- ther, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice. 30. The power under Section 482 of the Cr.P.C is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” Having regard to the facts that the FIR was lodged on account of matrimonial dispute; the disputes have, now, been resolved by way of compromise; respondent No.2/complainant has sworn an affidavit and filed the same in court in support of the compromise; respondent No.2 is, now and living in her matrimonial home with the petitioner, continuance Criminal Misc.27526-M of 2008 4 of proceedings shall vitiate the peaceful atmosphere and, in fact, destroy the matrimonial life of petitioner and respondent No.2. In the interest of justice, the petition is allowed. FIR No.7 dated 11.1.2006 under Sections 498-A/406, Indian Penal Code, Police Station, City Fazilka, District Ferozepur (Annexure P- 1) and subsequent proceedings are quashed. A copy of the order be given dasti under the signatures of the Court Secretary. November 20, 2008 ( AJAI LAMBA ) Kang JUDGE