IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-35763 of 2009 Date of Decision:3.5.2010 Balbir Singh .... Petitioner Versus State of Punjab and Anr. .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Sandeep Jain, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. Mr. P.S. Phoolka, 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. The instant petition has been filed for quashing of FIR No.2 dated 27.3.2009 registered under Sections 379/447/427/34 IPC at Police Station NRI, S.B.S Nagar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was registered by respondent No.2 against the petitioner on the allegation that there was some land dispute for which she was threatened that she would be eliminated. However, the matter has been compromised. The compromise deed has also been placed on record as Annexure P-2. Gurpreet Singh Shergill son of Paramjit Singh Sherigill resident of village Mazara Nau Abad, Tehsil and District Nawanshahr, who has been given Special Power of attorney by respondent No.2/complainant to make the statement before this Court on her behalf is present in Court today. He has made a statement that respodnent No.2-complainant is his aunt. He Crl. M. No.M-35763 of 2009 -2- further states that the matter has been compromised. The said compromise was entered into with the intervention of respectable of the village and respondent No.2-complainant has no objection if the said FIR is quashed qua the petitioner as well as Gurmeet Singh son of Shri Banta Singh resident of Village Behram, Tehsil and District Nawanshahr. He has also filed his affidavit as attorney on her behalf. He has also placed on record the copy of Special Power of Attorney given by Simarjit Kaur Mann- respondent No.2/complainant in his name. 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-35763 of 2009 -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.” Taking into account the nature of allegation in the FIR, the compromise having been effected between the parties and the affidavit of Gurpreet Singh-Special Power of attorney of respondent No.2 as well as the statement before this Court authenticating the compromise, 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. Accordingly, the present petition is allowed and FIR No.2 dated 27.3.2009 registered under Sections 379/447/427/34 IPC at Police Station NRI, S.B.S Nagar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 3.5.2010 ( NIRMALJIT KAUR ) rajeev JUDGE