IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-26528 of 2009 Date of Decision:- 21.10.2009 Narinder Kumar ....Petitioner(s) vs. State of U.T., Chandigarh and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Chanderhas Yadav, Advocate, for the petitioner. None for respondent No.1. Mr.Malkiat Singh, Advocate, for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. The present petition is for quashing of FIR No.10 dated 9.1.2007 under Sections 406, 498-A IPC registered at Police Station Sector 39, Chandigarh and all consequential proceedings arising therefrom on the basis of a compromise dated 11.9.2009 (Annexure P-1) which has been entered into between the parties. Counsel for the petitioner contends that in the light of the compromise, copy whereof has been placed on record as Annexure P-1, no further dispute between the parties is pending. He contends that even the complainant-respondent No.2 does not have any objection if the FIR in question is quashed along with all consequential proceedings arising therefrom. He contends that the present dispute primarily was a matrimonial dispute between the parties which having been resolved with the intervention of the respectables, relatives and friends, it would be in the interest of justice that the FIR and all consequential proceedings arising Crl.Misc.No.M-26528 of 2009 -2- therefrom be quashed. Counsel for the complainant-respondent No.2 has placed on record the affidavit of complainant-respondent No.2-Pushpa Devi wife of Narinder Kumar and has stated that the complainant-respondent No.2 does not have any objection if the FIR and the proceedings initiated thereon are quashed as the compromise has been entered into between the parties. Respondent No.2-complainant Pushpa Devi is present in Court and has been identified by her counsel. She states that in the light of the compromise, she does not want to pursue the matter any further and has no objection to the quashing of the FIR which was initiated at her behest. In view of the affidavit filed by complainant-respondent No.2 Pushpa Devi and the statement made by her in Court, the matter being primarily a matrimonial dispute between the parties which having been amicably resolved and no dispute as of now is pending which needs to be resolved, it would be in the interest of justice that the FIR in question and all consequential proceedings arising therefrom are quashed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “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 social amity and reduces friction, then Crl.Misc.No.M-26528 of 2009 -3- 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 absence of any premonitions to forecast and predict eventualities 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 affect the inherent power of this Court under Section 482. Further, 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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned FIR No.10 dated 9.1.2007 under Sections 406, 498-A IPC registered at Police Station Sector 39, Chandigarh and all other consequent proceedings therein are quashed. October 21, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE