Crl. Misc. No. M-30050 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-30050 of 2011 (O&M) DATE OF DECISION: November 7, 2011 Rajwinder Singh and others .....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. Balkarn Singh Aulakh, Advocate, for the petitioners. Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab. Mr. Gaurav Sharma, Advocate, for the complainant/respondent No. 2. **** RANJIT SINGH, J. (ORAL) The petitioners have approached this Court for quashing of FIR No. 102 dated 31.12.2009, under Sections 406 and 498-A of the Indian Penal Code at Police Station Amargarh, District Sangrur on the basis of a compromise. The copy of the compromise/settlement is annexed with the petition as Annexure P2. This FIR was lodged by respondent No. 2 under Sections 406 and 498-A of the Indian Penal Code. Petitioner No. 1 is the husband of respondent No. 2/complainant. Petitioner No. 2 is the mother-in-law and petitioner No. 3 is her sister-in-law. Petitioner No. 4 is the father-in-law, whereas, petitioner No. 5 is the Crl. Misc. No. M-30050 of 2011 (O&M) 2 brother-in-law (Jeth) of the complainant. Earlier, an FIR was registered only against petitioners No. 1 and 2. The remaining petitioners had been summoned on an application under Section 319 Cr.P.C. on 30.11.2010. Petitioners No. 3 to 5 had earlier approached this Court through Criminal Miscellaneous No. M-38024 of 2010 for quashing of the FIR and the summoning order which was adjourned for today i.e. 07.11.2011. As per the Counsel for the petitioners, the said petition has been got dismissed as withdrawn today. The case was sent to Mediation and Conciliation Center on 06.09.2011 and ultimately has resulted into a compromise/settlement. As per the settlement, the parties have already filed a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage on the ground of mutual consent. The petitioners have claimed that they have not been declared as Proclaimed Offenders. Accordingly, the petition is filed for quashing of the FIR and the subsequent proceedings. On the basis of this, notice was issued. The complainant alongwith her father is present in the Court. I have spoken to respondent No. 2 and she has confirmed that the compromise has been arrived at in this case. She has further stated that the petitioners have agreed to pay a sum of Rs. 4 lacs as permanent alimony for settling all the disputes and differences. Two drafts bearing Nos. 003017 and 003018 respectively amounting to Rs. 2 lacs each are handed over to the Counsel for Crl. Misc. No. M-30050 of 2011 (O&M) 3 respondent No. 2 who in turn hands these over to the respondent No. 2 who is present in the Court. Respondent No. 2 has confirmed before me that she has voluntarily entered into this compromise without any coercion or threat. The father of respondent No. 2 has also confirmed this fact. The respondents have no objection if the present FIR against the petitioners and all subsequent proceedings are quashed. The Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3), RCR (Criminal), 1052, has held that power under Section 482 Cr.P.C. cannot have any fetters and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance and cannot be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 Cr.P.C. is used to enhance such a compromise, which, in turn, enhances the social amity and reduces friction, they it truly is finest hour of justice. A case, therefore, is made out to quash the FIR No. 102 dated 31.12.2009, registered under Sections 406 and 498-A of the Indian Penal Code. In view of above, the present petition is allowed. FIR No. 102 dated 31.12.2009, registered under Sections 406 and 498-A of the Indian Penal Code and all subsequent proceedings are hereby quashed. November 7, 2011 ( RANJIT SINGH ) amodh JUDGE