IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-3209 of 2008 Date of decision : 29.4.2010 Saudagar Singh and others … Petitioners Versus State of Punjab and another …Respondents Crl.Misc.No.M-8607 of 2008 Date of decision : 29.4.2010 Hardeep Kaur … Petitioner Versus State of Punjab and another …Respondents CORAM : HON’BLE MS.JUSTICE NIRMALJIT KAUR Present: Mr.R.S.Athwal, Advocate for the petitioners. Mr.K.S.Pannu, DAG, Punjab. Mr.R.S.Bajaj, Advocate for respondents No.2 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This order shall dispose of both the petitions i.e. Crl.Misc.No.M- 3209 of 2008 and Crl.Misc.No.M-8607 of 2008 with a common order. The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.104 dated 22.8.2007 registered under Sections 406, 498-A, 307, 120-B, IPC at Police Station Lambra, District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Section 307 IPC was subsequently deleted. Learned counsel for the petitioners states that matter has been compromised before the Mediation and Reconciliation Centre. Report of the Mediation and Reconciliation Centre has been received and the same has been Crl.Misc.No.M-3209 of 2008 placed on record. Learned counsel for the petitioners has also handed over two drafts of Rs.4 lacs, (i) draft No.238380 dated 11.3.2010 for a sum of Rs.2 lacs, issued by Punjab and Sind Bank, Lambra, District Jalandhar drawn in favour of Baby Diljot Kaur U/G Navdeep Kaur, ii) draft No.238381 dated 11.3.2010 for a sum of Rs.2 lacs, issued by Punjab and Sind Bank, Lambra, District Jalandhar drawn in favour of Ms.Navdeep Kaur) to the complainant, who is present in the Court. The remaining amount of Rs.4 lacs shall be given later on as per terms and conditions of the affidavit. It is thus apparent from the perusal of the FIR that dispute is totally personal in nature. Even otherwise, the matter has since been compromised before the Mediation and Conciliation Centre In reply filed by the State counsel, as well as an instruction from Head-constable Jasbir Singh, it is stated by the State counsel that Section 307 IPC was deleted from the FIR. 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 noncompoundable 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.” 2 Crl.Misc.No.M-3209 of 2008 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:- “ 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 settled position of law, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. In view of the said compromise as per the aforesaid report of the Mediation and Conciliation Centre placed on record, present petition is accordingly allowed and FIR No.104 dated 22.8.2007 registered under Sections 406, 498-A, 307, 120-B, IPC at Police Station Lambra, District Jalandhar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. However, parties shall remain bound by the terms and conditions. A photocopy of this order be placed in the connected file. [ Nirmaljit Kaur ] Judge 29.4.2010 sd 3