IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.10747-M of 2008 DATE OF DECISION : AUGUST 28, 2008 GURPREET SINGH CHAHAL ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Ms. Geeta Sharma, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.111 dated 6.8.2003 under Sections 406, 420, 498A, Indian Penal Code, Police Station, City Mansa, on the basis of compromise (Annexure P-1). The contention of the learned counsel for the petitioner is that the petitioner is brother in law (Jeth) of complainant-Amandeep Kaur. The parties have entered into a compromise, as is indicated from Annexure P-1. So much so, Amandeep Kaur has, now, remarried. Continuance of further proceedings, under the circumstances, would not be conducive for the future of even complainant-Amandeep Kaur. Learned counsel for the respondent-State, on instructions from SI Swaran Singh of Police Station, City Mansa, states that the Investigating Criminal Misc.10747-M of 2008 2 Agency has been given the information in regard to the compromise having been effected. From the compromise deed (Annexure P-1), I find that a sum of Rs.4,15,000/- was to be paid to the complainant in full and final settlement of her rights arising out of the matrimony. Learned counsel for the petitioner states that the amount has already been paid to the complainant. This Court in a full Bench (5 Judges) has considered the issue of quashing of proceedings in view of compromise in Kulwinder Singh vs. State of Punjab, 2007(3) RCR(Criminal) 1052 (Full Bench). The following has been held in paras 28 to 30:- “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 so- cial 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 ab- sence of any premonitions to forecast and predict eventuali- ties 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 af- fect the inherent power of this Court under Section 482. Fur- ther, the same cannot be limited to matrimonial cases alone Criminal Misc.10747-M of 2008 3 and the Court has the wide power to quash the proceedings ev en 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. 30. The power under Section 482 of the Cr.P.C is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” In view of the above, continuance of proceedings would not serve any legal purpose. Rather, it would interfere in the life of the complainant. Accordingly, the petition is allowed. FIR No.111 dated 6.8.2003 under Sections 406, 420, 498A, Indian Penal Code, Police Station, City Mansa, and subsequent proceedings are quashed. August 28, 2008 ( AJAI LAMBA ) Kang JUDGE