Crl. Misc. No. M-27808 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-27808 of 2011 (O&M) DATE OF DECISION: November 8, 2011 Manvir Singh and others .....Petitioners VERSUS The State of Punjab and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. Arun Singla, Advocate, for the petitioners. Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab. Mr. Amit Choudhary, Advocate, for the complainant/respondent No. 2. **** RANJIT SINGH, J. (ORAL) The petitioners seek quashing of FIR No. 21 dated 10.03.2011, registered under Sections 406 and 420 IPC at Police Station Meharban, District Ludhiana and all subsequent proceedings on the basis of the compromise. Copy of the compromise is annexed with the petition as Annexure P1. Notice of motion was issued. Mr. Amit Choudhary, Advocate appears for the complainant/respondent No. 2 and has filed reply. Copy of the reply is handed over in the Court today and is kept on record. The respondent Karanjit Singh has admitted the compromise. As per the reply, the matter has been settled and Crl. Misc. No. M-27808 of 2011 (O&M) 2 compromise has been effected on the intervention of the respectables of the area. The complainant would not have any objection in case FIR is quashed. This FIR was lodged by respondent No. 2 with the allegations that Kuljit Singh had entered into an agreement to sell a land measuring 8 kanals 0 marla in village Dhaula for a consideration of Rs. 37 lacs. He had received Rs. 4 lacs at the time of the execution in the presence of the marginal witnesses. Another sum of Rs. 1 lac was paid on 13.04.2010 and the remaining sale consideration was also paid and endorsement to this effect was made at the back of the original agreement. Nahar Singh Gill, however, expired on 11.08.2010. The heirs of Nahar Singh Gill are fully prepared to honour the said agreement claiming that they were always willing to honour the agreement. They requested Kuljit Singh a number of times to execute the sale deed, but instead said Kuljit Singh has executed the sale deed in favour of his son in order to cheat and deprive the complainant of the land. Now with the intervention of the respectables the matter has been settled. The petitioners have returned the amount which they had received as a sale consideration. The complainant is present in the Court and confirms that he has received the amount with the interest. The complainant further submits that he would not have any objection in case the FIR against the petitioners is quashed. As per the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3), RCR (Criminal), 1052, power under Section 482 Cr.P.C. cannot have fetters and it cannot be eclipsed by any Crl. Misc. No. M-27808 of 2011 (O&M) 3 contingencies and the same cannot be made diminutive in sense and substance and cannot be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 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. A case, therefore, is made out to quash the FIR No. 21 dated 10.03.2011, registered under Sections 406 and 420 of the Indian Penal Code. Compromise is to be encouraged. The Counsel for the parties have confirmed that there is no other criminal case pending against the petitioners. As the State Counsel has not been able to have proper instructions in this regard. The State would be at liberty to approach this Court in case there is any criminal prosecution or a proceeding pending against the petitioners. Since the parties have amicably settled to each other's satisfaction, no useful purpose will be served by allowing the prosecution to continue. In view of above, the present petition is allowed. FIR No. 21 dated 10.03.2011, registered under Sections 406 and 420 IPC and all subsequent proceedings are hereby quashed. November 8, 2011 ( RANJIT SINGH ) amodh JUDGE