Crl. Misc. No.M-3923 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-3923 of 2011 Date of Decision: 08.02.2011 Vishal Chandok and another ....Petitioners Versus State of Haryana and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Vikas Mohan Gupta, Advocate for the petitioners. ***** 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) This is a petition under Section 482 Cr.P.C for quashing of case FIR No.338 dated 28.12.2010 under Sections 406, 498-A, 323 and 506 IPC registered at Police Station Mahesh Nagar, District Ambala and all subsequent proceedings arising therefrom. Notice of motion. On the asking of the Court, Mr. Amit Rana, D.A.G., Punjab accepts notice on behalf of respondent-State. At this stage, Mr. S.C. Thatai, Advocate too appeared and accepted notice on behalf of respondent No.2. Learned counsel for the petitioners, as well as learned counsel for the respondent state that neither of the parties is a proclaimed offender. In view of the same, there is no hesitation in taking up the case for quashing on the basis of compromise. The FIR was registered against the present petitioners by respondent No.2-Jyoti Chandok wife of Vishal Chandok. The complainant is present in Court along with her counsel. She has filed her affidavit in Crl. Misc. No.M-3923 of 2011 2 court today, stating therein, that with the intervention of the respectables and Panchayat, the matter has been compromised vide compromise deed P-1 and she has no objection if FIR is quashed. Compromise deed dated 20.01.2011 (P-1) has been placed on record. In the present case, the matrimonial dispute between the parties led to filing of the present FIR. Now, the matter has been amicably resolved. In pursuance to the compromise, ` 2,00,000/- in cash has been handed over to the respondent-complainant today, who is present in the Court. Her statement to this effect has also been recorded separately. Accordingly, it is stated by her that she has no objection if the FIR is quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. 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 vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as Crl. Misc. No.M-3923 of 2011 3 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.” The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. Taking into account the allegations, compromise dated 20.01.2011, as well as, the statement and the affidavit of the complainant, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above said settled proposition of law. Accordingly, the present petition is allowed and FIR No.338 dated 28.12.2010 under Sections 406, 498-A, 323 and 506 IPC registered at Police Station Mahesh Nagar, District Ambala and all subsequent proceedings arising therefrom are hereby quashed. The parties will be bound by the compromise deed (P-1) dated 20.01.2011. Allowed in the aforesaid terms. (NIRMALJIT KAUR) 08.02.2011 JUDGE gurpreet