IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-7181 of 2010 Date of Decision:19.4.2010 Hira Lal and others .... Petitioners Versus State of Punjab and Anr. .... Respondents And Crl. M. No.M-7180 of 2010 Date of Decision:19.4.2010 Balwinder Singh and ors. .... Petitioners Versus State of Punjab and Anr. .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Saurav Khurana, Advocate. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Vivek Gupta, Advocate. **** 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. The instant petitions have been filed for quashing of FIR No.41 dated 2.3.2005 registered under Sections 326, 323, 324, 34 IPC at Police Station Civil Lines, District Amritsar as well as cross case recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise dated 2.3.2010 (Annexure P-2) entered into between the parties. In pursuance to the order dated 10.3.2010, complainant- Balwinder Singh in FIR No.41 dated 2.3.2005 and complainant-Simranjit Kaur @ Seema in cross case recorded in the aforesaid FIR appeared before Crl. M. No.M-7181 of 2010 -2- the Judicial Magistrate Ist Class, Amritsar and their statements were recorded. They stated in their statements that they have no objection if the FIR as well as cross case recorded in the same are quashed. Accordingly, learned Judicial Magistrate Ist Class, Amritsar, submitted his report stating therein that the parties have entered into a compromise in FIR No.41 dated 2.3.2005 and in cross case recorded in the above said FIR. It is further stated that the parties have entered into a compromise voluntarily and the said compromise is genuine. 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 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:- Crl. M. No.M-7181 of 2010 -3- “ 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 allegations made in the FIR and taking into account the statements made by the parties before Judicial Magistrate Ist Class, Amritsar, authenticating the compromise as well as the report submitted by the Judicial Magistrate Ist Class, Amritsar that the compromise is genuine, it is a fit case where there is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. Accordingly, the instant petitions are allowed and FIR No.41 dated 2.3.2005 registered under Sections 326, 323, 324, 34 IPC at Police Station Civil Lines, District Amritsar as well as cross case recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. A photo copy of this order be placed on the another connected case. 19.4.2010 ( NIRMALJIT KAUR ) rajeev JUDGE