IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-30445 of 2008 (O&M) Date of Decision:- 03.09.2009 Jasbir Kaur and others ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Mandeep S.Sachdev, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab, for respondent No.1. Mr.Nakul Sharma, Advocate, for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition is for quashing of F.I.R.No.278 dated 5.12.2007 (Annexure P-1) registered under Sections 307, 324, 452, 148 and 149 IPC at Police Station Civil Lines, Batala and all consequential proceedings arising therefrom on the basis of the compromise which has been entered into between the parties. Counsel for the petitioners contends that an agreement has been entered into between the parties, copy whereof has been placed on record as Annexure P-6 and according to the said agreement, the parties have taken further steps to implement the same. On the basis of the said agreement, the petitioners and respondent No.2 have parted ways and vide order dated 29.9.2008 (Annexure P-4), divorce by mutual consent under Section 13-B of the Hindu Marriage Act has been granted by the Court of Additional Crl.Misc.No.M-30445 of 2008 (O&M) -2- Civil Judge (Sr.Division), Batala. He further contends that in view of the compromise which has been entered into between the parties and they having amicably resolved the dispute which was primarily in the nature of a matrimonial dispute, the complainant-respondent No.2 does not want to press the allegations so made in the FIR against the petitioners and, therefore, the FIR along with all consequential proceedings arising therefrom may be quashed. On the other hand, counsel for the respondent-complaint submits that indeed, a compromise has been entered into between the parties and they have acted upon the same. He also admits the factum of divorce by mutual consent between the parties. He further states that complainant- respondent No.2-Harinder Singh, has no objection to the quashing of the FIR and all consequential proceedings arising therefrom. Harinder Singh son of S.Balwinder Singh has filed an affidavit dated 3.9.2009 in Court today, which is taken on record. According to the said affidavit, he has admitted the factum of compromise which has been entered into between him and petitioner No.1 with the intervention of the relatives and friends, according to which the parties have decided to dissolve their marriage and he does not want to press the allegations which have been levelled in the FIR and also that, he does not have any objection in case the FIR and all consequential proceedings arising therefrom are quashed. He is personally present in Court and has been identified by his counsel. On being asked, he has admitted the factum of compromise as has been mentioned in the affidavit. He has no objection to the quashing of the FIR and all consequential proceedings arising therefrom. Crl.Misc.No.M-30445 of 2008 (O&M) -3- Counsel for the State, on instructions from Head Constable Balkar Singh, Police Station Civil Lines, Batala, identifies Harinder Singh son of S.Balwinder Singh, and states that in the light of the compromise which has been entered into between the parties, which was primarily a matrimonial dispute, the State would have no objection if the FIR and all consequential proceedings arising therefrom are quashed. I have heard counsel for the parties. Keeping in view the statement of complainant No.2 who is present in Court as also the admission of the fact that a compromise has been entered into between the parties and they have amicably resolved their dispute and parted ways to live their lives independently, it would be in the interest of justice that the FIR in question be quashed along with all consequential proceedings arising therefrom. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “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 social 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 Crl.Misc.No.M-30445 of 2008 (O&M) -4- 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 absence of any premonitions to forecast and predict eventualities 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 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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned F.I.R.No.278 dated 5.12.2007 (Annexure P-1) registered under Sections 307, 324, 452, 148 and 149 IPC at Police Station Civil Lines, Batala and all consequential proceedings arising therefrom are hereby quashed. September 03, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE