CRM No.M 10645 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 10645 of 2010 Date of Decision:-16.07.2010 Harpal Singh & another. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Deepak Sonak, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Ms. Pratibha Yadav, Advocate for Respondent No.2-complainant. JASWANT SINGH, J.(ORAL) By filing the instant petition under section 482 Cr.PC, present petitioners have sought for quashing of FIR No.226 dated 14.12.2005 under sections 498-A, 406, 506, 323, 34 of the Indian Penal Code, registered at Police Station City Rewari and the subsequent proceedings on the basis of compromise/affidavit dated 20.3.2010 (Annexure P-2) arrived at between the accused/petitioners and the CRM No.M 10645 of 2010 # 2# complainant-respondent no.2. In the FIR complainant Smt. Ravinder Kaur wife of petitioner no.1-husband had made allegations against the accused/petitioners that she had been harassed, maltreated and tortured at the hands of accused/petitioners on account of bringing insufficient dowry. Vide order dated 27.05.2010 passed by this court parties were directed to appear before the CJM, Rewari with direction to send report after recording their statements regarding genuineness of the compromise. In pursuance of the aforesaid order passed by this court, the report by CJM Rewari has been received which is taken on record as (Annexure Mark-A). Along with the report the respective affidavits of the parties and their statements have been annexed. It has been reported that the parties have compromised in terms of the affidavit (Annexure P-2) and the same is genuine. Complainant Smt. Ravinder Kaur has stated that she has no objection if the aforesaid FIR and all the subsequent proceedings thereto be quashed. Learned State counsel also states that in view of the fact that parties have compromised and the complainant is no longer interested in prosecution of the case, no useful purpose would be served to carry on with the proceedings/trial. Accordingly he also has no objection to the quashing of the FIR. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that CRM No.M 10645 of 2010 # 3# this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read 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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is 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 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.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by CRM No.M 10645 of 2010 # 4# resolving their differences and entering into the aforesaid compromise, it is evident that 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 the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.226 dated 14.12.2005 under sections 498-A, 406, 506, 323, 34 of the Indian Penal Code, registered at Police Station City Rewari and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 16th July, 2010 Vinay.