Criminal Misc. No. 27990-M OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 27990-M OF 2009 Date of decision:28th January, 2011 Naseeb Singh and others .......Petitioners Versus State of Haryana and others ........Respondents BEFORE: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Shiv Kumar, Advocate, for the petitiones. Mr. Sidharth Sarup, DAG, Haryana for the respondent-State. Ms. Monisha Lamba, Advocate, for respondent Nos. 2 to 4. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Nirmaljit Kaur, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 252 dated 29.11.2006 under Sections 323, 420, 467, 468, 471, 506, 120-B, 419 IPC, Police Station Sector 31, Faridabad and all subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was got registered by respondent No. 2. However, the matter has been compromised between the parties Criminal Misc. No. 27990-M OF 2009 2 due to the intervention of the respectables of the area. An affidavit/compromise(Annexure P-2) has already been placed on record. The parties are present in the Court. Learned counsel for respondent Nos. 2 to 4 has placed on record their affidavits authenticating the compromise. As per the said affidavit, respondent No. 2-complainant as well as respondent Nos. 3 and 4 have no objection if the FIR in question is quashed. 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 Criminal Misc. No. 27990-M OF 2009 3 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 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 to 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 law.” Taking into account that the compromise has been effected between the parties and the affidavit of respondent No. 2 to 4 stating that they have no objection if the FIR is quashed, it is a fit Criminal Misc. No. 27990-M OF 2009 4 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. 252 dated 29.11.2006 under Sections 323, 420, 467, 468, 471, 506, 120- B, 419 IPC, Police Station Sector 31, Faridabad and all subsequent proceedings arising therefrom are hereby quashed. [NIRMALJIT KAUR] JUDGE 28th January, 2011 Shivani Kaushik