IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-11396 of 2009 Date of Decision:- 31.07.2009 Deepak Bajaj and another ....Petitioner(s) vs. The State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Sarbjit Singh, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.G.S.Thind, Advocate for Mr.Arun Abrol, Advocate, for the complainant. *** AUGUSTINE GEORGE MASIH, J. (Oral) The present petition is for quashing of F.I.R.No.266 dated 9.12.2008 under Sections 420/34 IPC registered at Police Station 'B' Division, Amritsar. Counsel for the petitioners contends that a compromise has been entered into between the parties on 19.1.2009, a copy whereof has been attached as Annexure P-2 to the petition. He submits that the parties have mutually agreed to resolve their dispute which primarily relates to monetary aspects. Upon notice having been issued, respondents have put in appearance. Affidavit of complainant-respondent No.2-Tarandeep Singh son of Kuldeep Singh has been filed in Court today wherein the factum of the compromise entered into between him and the petitioners has been accepted by him. It has further been stated that he does not want to further Crl.Misc.No.M-11396 of 2009 -2- proceed with the matter on the basis of the compromise entered into between him and the petitioners and he has no objection if the FIR which was registered at his behest along with all consequential proceedings is quashed. Tarandeep Singh son of Kuldeep Singh is present in Court and has been identified by his counsel. He, on being asked by the Court, has admitted the factum of compromise and has further stated that the dispute has been amicably settled on the intervention of some respectables of the locality and the relatives and, therefore, he does not want to further pursue the matter. He further states that he has no objection to the quashing of the F.I.R. and all consequential proceedings arising therefrom. The resolution of the dispute that has been amicably settled between the parties is the best which could happen for the betterment of the Society in case there is any dispute and that purpose having been achieved by way of a compromise as in the present case, no useful purpose would be served to further proceed with the matter putting on undue burden and harassment of the parties to the petition. 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-11396 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 F.I.R.No.266 dated 9.12.2008 under Sections 420/34 IPC registered at Police Station B Division, Amritsar, and all other consequent proceedings arising therefrom are hereby quashed. July 31, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE