Crl. Misc. No.M-31495 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-31495 of 2009 Date of Decision: 22.03.2010 Amarjeet Singh ....Petitioner Versus State of Punjab and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. K.K. Aggarwal, Sr. Advocate with Mr. Kapil Aggarwal, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. Mr. Ashok Bhardwaj, Advocate for respondent No.2. ***** 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) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.493 dated 31.12.2002 under Sections 452, 506/34 IPC registered at Police Station Sangrur. The FIR was registered against the present petitioner by respondent No.2-Amandeep Singh. As per the allegations in the FIR, the petitioner came into the courtyard and threatened the complainant. The said quashing was filed on the ground that no offence under Sections 452, 506/34 was made out. However, during the pendency of the petition, the Crl. Misc. No.M-31495 of 2009 2 matter was compromised. The said compromise is placed on record as P-2. As per the said compromise, the respondent No.2-complainant has no objection, if the said FIR is quashed. It is further stated that the said compromise has been arrived at with the intervention of friends, relatives, well-wishers and respectable of the area and the same is voluntarily and without any pressure. Affidavit of complainant-Amandeep Singh son of Satwant Singh is also placed on record as P-3. As per the affidavit of complainant-Amandeep Singh, the matter stand resolved with the intervention of friends, relatives, well-wishers and respectable of the area. The same is without any pressure and has been arrived at out of his own free will. It is further stated that he has no objection, if the FIR is quashed on the basis of compromise and affidavit. The allegations are personal in nature. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. 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.” Crl. Misc. No.M-31495 of 2009 3 In the case of Madan Mohan Abbot vs. 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 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.” In view of the well settled proposition of law and taking into account the allegations, the compromise, as well as, the affidavit placed on record, there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR. Accordingly, the present petition is allowed and FIR No.493 dated 31.12.2002 under Sections 452, 506/34 IPC registered at Police Station Sangrur is, hereby, quashed in the interest of justice. (NIRMALJIT KAUR) 22.03.2010 JUDGE gurpreet