IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.17121-M of 2008 DATE OF DECISION : SEPTEMBER 3, 2008 RANJIT SINGH @ BHOLA ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr.Gurcharan Singh, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. Mr. KK Saini, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.122 dated 16.8.2007 under Sections 498-A, 406, Indian Penal Code, Police Station, Sirhind, District Fatehgarh Sahib (Annexure P-1), on the basis of compromise. It has been brought out that there were matrimonial differences between the petitioner and respondent No.2. The differences have, now, been resolved with the intervention of respectables. The parties had approached the court under the Hindu Marriage Act by way of filing a petition under Section 13-B of the Hindu Marriage Act, seeking divorce by mutual consent, which was allowed. The judgment and decree has been placed on record as Annexure P-4. Criminal Misc.17121-M of 2008 2 The contention of the learned counsel for the petitioner is that continuance of proceedings shall disturb the life of not only the petitioner but also the complainant as she would have to pursue the proceedings. In view of the compromise, respondent No.2-complainant has received a sum of Rs.2 lacs and another sum of Rs.2 lacs for her son, who would remain in the custody of respondent No.2. Respondent No.2-Jaspreet Kaur is present in Court, as identified by Shri KK Saini, Advocate. Jaspreet Kaur has endorsed the factum of compromise and has prayed that the FIR and proceedings be quashed, in the interest of peace and harmony. Learned counsel for the respondent-State has no objection to the quashing of the FIR, on the basis of compromise. 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- Criminal Misc.17121-M of 2008 3 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 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. 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.” Having regard to the fact that there were matrimonial differences, the differences have been resolved by way of compromise; Criminal Misc.17121-M of 2008 4 the parties are now divorced, as is evident from Annexure P-4; all the rights of respondent No.2 have been settled by her acceptance of Rs.4 lacs and the prayer made by respondent No.2 in Court that the FIR be quashed, this petition is allowed. FIR No.122 dated 16.8.2007 under Sections 498- A, 406, Indian Penal Code, Police Station, Sirhind, District Fatehgarh Sahib (Annexure P-1) and subsequent proceedings are quashed. September 3, 2008 ( AJAI LAMBA ) Kang JUDGE