Crl. Misc. No. M-21865 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21865 of 2009 Date of decision: 07.09.2009 Rohit Sharma son of Nand Lal and others .....PETITIONERS VERSUS State of Punjab and another ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Kanwaljit Singh, Sr. Advocate, with Mr. Tejvir Singh, Advocate, for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab, for respondent No. 1. Ms. Poonam Tara, Advocate, for respondent No. 2-complainant. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present petition is for quashing of the FIR No. 398 dated 02.08.2008 under Sections 406, 498-A, 506 IPC registered at Police Station Civil Lines, Amritsar (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of a Crl. Misc. No. M-21865 of 2009 2 compromise which has been entered into between the parties. Counsel for the petitioners contends that on the basis of the compromise, which has been entered into between the parties which has come into effect before the Mediation and Conciliation Centre, High Court, the prayer is for quashing of the FIR and all consequential proceedings arising therefrom. He further contends that in pursuance to and in accordance with the said compromise, both the parties have got a decree of divorce under Section 13-B of the Hindu Marriage Act (Annexure P-6). He further contends that one of the parts of the compromise was that the FIR in question would also be quashed as the parties have agreed to part ways from each other amicably and all proceedings, whether these are criminal or civil, would come to an end. He further contends that other aspect of the matrimonial dispute also stands settled. Reply on behalf of respondent No. 2, namely, Simmi d/o Harpal Singh, who is the complainant in the present FIR, has been filed in the Court. It has been stated in the reply that the compromise has been entered into between the parties at the Mediation and Conciliation Centre, High Court on 26.03.2009. The factum of divorce by mutual consent has also been accepted by her and she further states that the FIR, which was lodged at her behest and all consequential proceedings arising therefrom, may be quashed. Simmi d/o Harpal Singh is present in Court, as has been identified by her counsel and ASI Kewal Singh, Police Station Civil Lines, Amritsar. She states that the facts, which have been mentioned in the affidavit, are correct and she does not want to pursue the matter any further in the light of the settlement, which has been entered into between the parties. She states that she does not have any objection, if the FIR in Crl. Misc. No. M-21865 of 2009 3 question and all consequential proceedings arising therefrom are qaushed. In view of the above, the present FIR, which was lodged by the complainant-respondent No. 2 who has herself stated in the Court that she does not have any objection if the FIR and all consequential proceedings arising therefrom are quashed and further keeping in view the fact that it was primarily a matrimonial dispute, which has come into existence because of certain misunderstandings between the husband and the wife, which have been amicably resolved between the parties, it would be in the interest of justice that the FIR and all consequential proceedings arising therefrom are quashed so that the parties can proceed further in life without having any grudge against each other. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “28. 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 in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the Crl. Misc. No. M-21865 of 2009 4 absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation. 29. 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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, no useful purpose would be served if the proceedings are continued before the trial Court. Accordingly, the present petition is allowed. FIR No. 398 dated 02.08.2008 under Sections 406, 498-A, 506 IPC registered at Police Station Civil Lines, Amritsar (Annexure P-1) along with all consequential proceedings arising therefrom are hereby quashed. ( AUGUSTINE GEORGE MASIH ) JUDGE September 07, 2009 pj Crl. Misc. No. M-21865 of 2009 5