IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-5425 of 2009 Date of Decision:- 13.08.2009 Gurnam Singh and others ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Bhupeshwar Singh Jaswal, Advocate for Mr.D.S.Pheruman, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab, for respondent No.1. Mr.B.R.Mahajan, Advocate, for complainant-respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) The present petition has been filed for quashing of F.I.R. No.159 dated 3.9.2008 under Sections 498-A/342 IPC, registered at Police Station Mehalpur, District Hoshiarpur (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise effected between the parties vide compromise deed dated 4.2.2009 (Annexure P-2). Counsel for the petitioners submits that in the light of the compromise which has been entered into between the parties, divorce has been granted by the Additional District Judge, Hoshiarpur and an amount of Rs.3,50,000/- as agreed between the parties, has been paid to respondent- complainant No.2. He, on the basis of the said compromise, contends that Crl.Misc.No.M-5425 of 2009 -2- the F.I.R. may be quashed qua all the three petitioners and Kulwinder Singh son of Gurnam Singh who is the former husband of Gurpreet Kaur-the complainant. Notice of motion was issued in the present case. Counsel for the respondent, on the basis of the affidavit dated 6.7.2009 filed in this Court, states that the complainant-respondent No.2 has no objection to the quashing of the F.I.R. as a compromise dated 4.2.2009 has been entered into between the parties, copy whereof has been placed on record as Annexure P-2. Gurpreet Kaur daughter of Harbans Lal, resident of village Bahowal, Tehsil and District Hoshiarpur is present in Court and has been identified by her counsel. She states that as per the compromise, she has received Rs.3,50,000/- and a decree of divorce has also been passed by the Additional District Judge, Hoshiarpur. She further states that she does not want to pursue the FIR in question any further in view of the compromise entered into between them and that she has no objection if the said F.I.R. and all consequential proceedings arising therefrom against the three petitioners, namely, Gurnam Singh son of Amar Singh, Surjit Kaur wife of Gurnam Singh, Jasbir Singh @ Kala son of Harbans Singh and Kulwinder Singh son of Gurnam Singh, who was her former husband, are quashed. In view of the above, the parties having settled the dispute amicably between them which was primarily a matrimonial dispute and there was discord between the parties because of some misunderstanding which having been settled by them and they having decided to lead their own independent lives without any interference, the FIR in question and all Crl.Misc.No.M-5425 of 2009 -3- consequential proceedings arising therefrom should not be an impediment in the process of resettlement of the parties. The interest of justice would, therefore, require that the FIR and all consequential proceedings arising therefrom be quashed so that no further heart-burning between the parties or grudges stay on, they having mutually agreed to resolve their disputes. 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 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 Crl.Misc.No.M-5425 of 2009 -4- 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.159 dated 3.9.2008 under Sections 498-A/342 IPC, registered at Police Station Mehalpur, District Hoshiarpur (Annexure P-1) and all consequential proceedings arising therefrom are hereby quashed qua all accused. August 13, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE