CRM No.M 15410 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 15410 of 2010 Date of Decision:-23.07.2010 Gurmit Singh & Anr. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Nakul Sharma, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Rajbir Singh, Advocate for Respondent No.2. JASWANT SINGH, J.(ORAL) Crl. Misc.No.27808 of 2010 Application seeking exemption under section 482 Cr.PC from filing the certified copies of Annexures P-1& P-2 is allowed as prayed for. CRM No.M 15410 of 2010 Present petition under section 482 Cr.PC is for quashing of FIR No.90 dated 19.03.2007 under section 420 of the Indian Penal Code, registered with Police Station Division No.4, Jalandhar as well CRM No.M 15410 of 2010 # 2# as the subsequent proceedings on the basis of compromise dated 06.04.2010(Annexure P-2) arrived at between the accused/petitioners and the complainant. In the FIR complainant Jawahar Singh had made allegations against the accused/petitioners that they have cheated him for a sum of Rs.5.00 lacs on the pretext of sending him abroad. Said Jawahar Singh has filed Compromise deed(Annexure P-2) stating therein that he has no objection if in terms of the compromise (Annexure P-2) the aforesaid FIR and all the subsequent proceedings thereto are quashed. Complainant Jawahar Singh is present in the court and has been identified by his counsel Mr. Rajbir Singh, Advocate. His statement in terms of the compromise 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:- “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.” CRM No.M 15410 of 2010 # 3# 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 both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour 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 interest of justice. Accordingly, the present petition is allowed and FIR No.90 dated 19.03.2007 under section 420 of the Indian Penal Code, registered with Police Station Division No.4, Jalandhar and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 23rd July, 2010 Vinay.