Crl. Misc.No.M 19449 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 19449 of 2010 Date of Decision:-25.08.2010 Kulwant Singh & Ors. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Salil Bali, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no.1. Ms. Neha Mann, Advocate for Respondent No.2. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.100 dated 6.6.2010 under sections 307, 498-A, 323 and 34 of Indian Penal Code, registered with Police Station Guruhar Sahai, District Ferozepur, Punjab and all the subsequent proceedings arising therefrom on the basis of compromise 28.06.2010(Annexure P-2) arrived at between the parties. Crl. Misc.No.M 19449 of 2010 # 2# Petitioner no.1 is the husband of complainant and petitioners no.2 is the mother-in-law, petitioners no.3 & 4 are brother- in-law and sister-in-law of the complainant Darshna Rani(respondent no.2). The allegations against the petitioners-accused were that they had tried to forcibly administer respondent no.2 some poisonous substance on the date of occurrence on account of non fulfillment of demand of Rs.3.00 lacs from her parental house. They also alleged to have inflicted slaps and kick blows. Learned State counsel on instructions from ASI Bhola Singh submits that during investigation it was not found that any poisonous substance was administered to her(complainant). He further states that the challan in the present case has not yet been filed. Ms. Neha Mann, Advocate has put in appearance on behalf of respondent no.2-complainant. Darshna Rani, complainant is also present in the court and has been identified by her counsel. She states that she has amicably settled the dispute with her husband and his family and is now happily residing in her matrimonial home. She stated that she does not wish to pursue the present case and has no objection if the FIR is quashed. Statement of the complainant has been separately recorded. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read as under:- Crl. Misc.No.M 19449 of 2010 # 3# “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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:- “We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Keeping in view the above settled legal position and taking into account the fact that the complainant and her inlaws including the husband have desired to live in peace and harmony by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the Crl. Misc.No.M 19449 of 2010 # 4# interest of justice. Accordingly, the present petition is allowed and FIR No.100 dated 6.6.2010 under sections 307, 498-A, 323 and 34 of Indian Penal Code, registered with Police Station Guruhar Sahai, District Ferozepur, Punjab and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 25th August, 2010 Vinay.