Crl. Misc. No.M-35002 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-35002 of 2009 Date of Decision: 06.04.2010 Soni and others ....Petitioners Versus State of Punjab and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Sandeep Arora, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G., Punjab Mr. G.S. Rawat, 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. 442 dated 15.11.2009 under Sections 306, 511 (these sections were deleted subsequently) 509, 498-A/34 IPC at Police Station Division No.6, Jalandhar on the basis of compromise entered into between the parties. The FIR was registered against the present petitioners by respondent No.2-Rajni daughter of Tilak Raj. The petitioner No.1 is her husband and petitioner No.2 is her father-in-law, while petitioner No.3 is her brother-in-law. Due to the intervention of the respectable and relatives, the matter has been compromised. The compromise deed is placed on Crl. Misc. No.M-35002 of 2009 2 record as P-2. A separate statement of the complainant-Rajni has also been got recorded, wherein, she has stated that the matter has been compromised and she has no objection, if the said FIR is quashed. It is further stated that she is happily residing with her husband in a portion of the house given to her and her husband by her father-in-law. It has also been brought to the notice of this Court that Sections 306 and 511 IPC was subsequently deleted on account of the investigation conducted by the concerned Investigating Officer. 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.” 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 Crl. Misc. No.M-35002 of 2009 3 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.” The present FIR arises out of the matrimonial dispute. Sections 306 and 511 of IPC have been deleted. The matter having been compromised, it is 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 the FIR. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to live together amicably. Accordingly, the present petition is allowed and FIR No. 442 dated 15.11.2009 under Sections 306, 511 (these two Sections were deleted after investigation) 509, 498-A/34 IPC at Police Station Division No.6, Jalandhar is hereby quashed in the interest of justice. (NIRMALJIT KAUR) 06.04.2010 JUDGE gurpreet