IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-495 of 2009 Date of Decision:28.5.2010 Anil Lekhi and others .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Manish Bansal, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. None 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.(Oral) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.189 dated 4.10.2005 registered under Sections 356,342,499 IPC at Police Station City Faridkot District Faridkot and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was registered by respondent No.2 against the petitioners on the allegation that the petitioners while misbehaving with him have detained in illegal custody and have snatched his Lap-Top and misappropriated the secret information contained in it. However, the matter has been compromised. Compromise deed Annexure P-3 has been placed on record in this regard. Vide order dated 17.3.2010, the parties were directed to appear before the District Judge, Faridkot on 22.3.2010 and the District Judge, Faridkot was further directed to record their statements and sent the report thereof as to whether the compromise is genuine or not. CRM M-495 of 2009 -2- In pursuance to the same, report of the District Judge, Faridkot has been received wherein it is submitted that the parties have made a joint statement, the same has been reduced into writing indicating that they have settled the dispute and have also executed written compromise deed Ex.C1. It is further submitted that the parties have genuinely and amicably compromised the matter without any coercion or undue pressure. 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 CRM M-495 of 2009 -3- 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.” Taking into account, the allegation in the FIR, the compromise and the report received from the District Judge, Faridkot, authenticating the compromise, it is a fit case where 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.189 dated 4.10.2005 registered under Sections 356,342,499 IPC at Police Station City Faridkot District Faridkot and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 28.5.2010 ( NIRMALJIT KAUR ) rajeev JUDGE