IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-165 of 2010 Date of Decision:23.2.2010 Appar Singh and another .... Petitioners Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Deepak Sabherwal, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Veneet Soni, Advocate for respondent No.2. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.53 dated 20.07.2003 registered under Sections 324,326,452,34 IPC at Police Station Dhilwan District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The brief facts of the case are that there was civil dispute regarding the shops between the parties, who are real brothers. The same resulted into a minor family scuffle for which the aforesaid FIR was registered. Now, the matter stands compromised between the parties with the intervention of the respectable and Panchayat as the present FIR is result of a family dispute which has been resolved amicably by both the parties. In view of this, compromise dated 18.12.2009 is placed on record as Annexure P-3 and the affidavit of the complainant dated 18.12.2009 is also placed on record as Annexure P-4. Separate statements of respondent No.2-complainant and her CRM M-31211 of 2009 -2- husband-respondent No.3 have been recorded stating therein that due to the intervention of the respectables of the village, a compromise has been effected. The said compromise was entered into without any pressure and out of their own sweet will. They have no objection, if the aforesaid FIR is quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 it truly is “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:- “ 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.” In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised 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 CRM M-31211 of 2009 -3- 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.” Petitioner No.1 and respondent No.3 are real brothers. It was a civil dispute between the brothers which turned into a minor family scuffle leading to the present FIR. In view of the facts of the present case and taking into account that the parties are closely related and the matter has been resolved amicably without any pressure, there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. Accordingly, the present petition is allowed and FIR No.53 dated 20.07.2003 registered under Sections 324,326,452,34 IPC at Police Station Dhilwan District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. 23.2.2010 ( NIRMALJIT KAUR ) rajeev JUDGE