CRM No.M 17106 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 17106 of 2010 Date of Decision:-28.07.2010 Amarjit Singh. ......Petitioner. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. S.P. Soi, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Banni Thomas, Advocate for Respondent No.2-Complainant. JASWANT SINGH, J.(ORAL) This petition has been filed under section 482 Cr.PC for quashing of FIR No.43 dated 24.05.2009 under sections 406, 420 of the Indian Penal Code, registered at Police Station Bilga, District Jalandhar on the basis of compromise arrived at between the parties. In support affidavit of complainant Hartej Pal-respondent no.2 has been placed on record. The allegations against the accused-petitioner were that he had taken a sum of Rs.4.75 lacs to send the sister of complainant- CRM No.M 17106 of 2010 # 2# respondent no.2 to England. After notice respondent no.2-complainant is present in the court who has been identified by his counsel namely Mr. Banni Thomas, Advocate. Respondent no.2 has filed another affidavit in reply to the petition wherein he has admitted that he has received the entire amount from the petitioner-accused and he has no objection if the FIR and the subsequent proceedings are quashed. His statement has also been separately recorded which may be read as part of this order. 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.” 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 CRM No.M 17106 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.” 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.43 dated 24.05.2009 under sections 406, 420 of the Indian Penal Code, registered at Police Station Bilga, District Jalandhar and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 28th July, 2010 Vinay.