IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-7565 of 2010 Date of Decision:18.8.2010 Kulwinder Singh @ Gopi and another .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Rajiv Joshi, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Amit Saini, 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) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.32 dated 20.1.2010 registered under Sections 354,341,452,367,511 IPC at Police Station Maqsudan, Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Allegations against the petitioners in the FIR are that they stopped respondent No.2-complainant in the way and tried to molest and abduct her on the gun point. When mother and brother of respondent No.2- complainant protested, they were also threatened. However, the matter is stated to have been compromised between the parties. An affidavit (Annexure P-2) of respondent No.2-complainant has been placed on record authenticating the compromise. Accordingly, notice of motion was issued. Upon notice, short reply on behalf of respondent No.2 by way of affidavit of Neelam d/o Resham Kumar was filed submitting that the matter has been compromised with the intervention of the respectables and respondent No.2 has no objection if the FIR in question is quashed. It is also stated that the said compromise was entered into without any pressure and out her own sweet will. CRM M-7565 of 2010 -2- Consequently, this Court vide order dated 11.5.2010 directed the parties to appear before learned Chief Judicial Magistrate, Jalandhar. The learned Chief Judicial Magistrate, Jalandhar, was further directed to report regarding the genuiness of the compromise after recording the statement of the parties. In pursuance to the same, learned Chief Judicial Magistrate, Jalandhar, has sent his report dated 5.7.2010. As per the said report, the statements of Neelam-complainant, Resham Kumar father of the complainant and witnesses namely Arvinder Pal Singh and Chaman Lal were recorded. It is further stated that the compromise is voluntary and genuine. As per the said report, it is apparent that the matter has been compromised. 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:- “ 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 CRM M-7565 of 2010 -3- 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 matter has been compromised. In view of the settled proposition of law and taking into account the report regarding compromise submitted by learned Chief Judicial Magistrate, Jalandhar, 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.32 dated 20.1.2010 registered under Sections 354,341,452,367,511 IPC at Police Station Maqsudan, Jalandhar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 18.8.2010 ( NIRMALJIT KAUR ) rajeev JUDGE