IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.53684-M of 2007 DATE OF DECISION : DECEMBER 4, 2008 RAJESH CHANDER ALIAS BABLI ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Ruminderjit Singh, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. Ms. GK Hundal, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.237 dated 2.11.2007 under Sections 420, 465, 467, 468, 471, 120-B, Indian Penal Code, Police Station, Model Town, Hioshiarpur (Annexure P-1) and subsequent proceedings. It transpires that a dispute arose in regard to possession of a house, which was given to the petitioner-accused. Learned counsel for the petitioner contends that the dispute has been settled by way of compromise (Annexure P-2), wherein respondent No.2-complainant has stated that she does not want to proceed with the case. Criminal Misc.53684-M of 2007 2 Vimla Rattan/respondent No.2-complainant, as identified by her counsel Ms. G.K.Hundal, Advocate, is present in court and states that she had lodged the FIR. The possession of the house has, now, been returned to her and, therefore, she has no cause to proceed with the matter and prosecute the petitioner. She is not willing to bring evidence in court. Learned counsel for the respondent-State contends that the State would have no objection to the quashing of the FIR and subsequent proceedings, on the basis of compromise. I have considered the issue. Since the issue essentially was in regard to possession of a house, which has, now, been settled, continuance of the proceedings would be an exercise in futility in so much as the respondent-complainant is not ready to bring any evidence before the court and is not ready to proceed with the matter, in view of the compromise (Annexure P-2). 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 Criminal Misc.53684-M of 2007 3 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. 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 exer- cised 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 cir- cumstances 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 main- tain and control social order. The Courts play role of para- mount importance in achieving peace, harmony and ever-last- ing 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.” In view of the above, the petition is allowed. FIR No.237 dated 2.11.2007 under Sections 420, 465, 467, 468, 471, 120-B, Indian Criminal Misc.53684-M of 2007 4 Penal Code, Police Station, Model Town, Hoshiarpur (Annexure P-1) and subsequent proceedings are quashed. December 4, 2008 ( AJAI LAMBA ) Kang JUDGE