IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-15722 of 2010 Date of Decision:11.8.2010 Mahender Singh & another .... Petitioners Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Anshumaan Dalal, Advocate for the petitioners. Mr. Vikas Malik, A.A.G. Haryana. Complainant is present in person. **** 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.367 dated 19.10.2009 registered under Sections 498-A/406/34 IPC at Police Station Sector-5, Gurgaon, District Gurgaon and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question is a result of matrimonial dispute. However, the matter has been compromised. The compromise deed has been placed on record as Annexure P-2. An affidavit of respondent No.3- aggrieved party has also been placed on record to the same effect. Reply of Rajesh Duggal, HPS Assistant Commissioner of Police, Udyog, Gurgaon, on behalf of respondent No.1 has been filed submitting therein that un-trace report has been written in the said FIR by the Station House Officer, Police Station, Old Sector-5, Gurgaon on 5.5.2010 on the basis of affidavit regarding compromise between the parties submitted by respondents No.2 CRM M-15722 of 2010 -2- and 3. Respondent No.2-complainant, who is present in the Court, has placed on record copy of voter ID Card for his identification. A separate statement of respondent No.2/complainant authenticating the compromise has also been recorded in the Court today. As per the compromise/affidavit, respondent No.2 has no objection if the FIR in question is quashed. It is further stated that the said compromise was entered into without any pressure and out of his own sweet will. 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 CRM M-15722 of 2010 -3- 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.” Taking into account that the allegation in FIR, the compromise, affidavit of respondent No.3, reply on behalf of the State and the statement before this Court 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. Accordingly, the present petition is allowed and FIR No.367 dated 19.10.2009 registered under Sections 498-A/406/34 IPC at Police Station Sector-5, Gurgaon, District Gurgaon and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 11.8.2010 ( NIRMALJIT KAUR ) rajeev JUDGE