Criminal Misc. No. M- 28759 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 28759 of 2010 Date of decision:-25.2.2011 Baldev Singh and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. G.B.S. Dhillon, Advocate for the petitioners. Mr. Munish Kumar, AAG Punjab. Mr. Vijay Lath, Advocate for Mr. Sanjay Nagpal, Advocate for respondent Nos.2 and 3. RITU BAHRI J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.103 dated 12.5.2010 under Sections 406, 498-A, 494, 420, 307 and 120-B IPC registered at Police Station Jagraon, District Ludhiana Rural, District Ludhiana (Annexure P-1) on the basis of compromise (Annexure P-2). In compliance of order dated 08.12.2010, the Chief Judicial Magistrate, Ludhiana has sent a report verifying the contents of the compromise. As per this report, this is a dispute between husband and wife in which compromise has been effected. Petitioners Baldev Singh, Manjit Singh, Jinder Kaur made a joint statement on 15.1.2011 and petitioners Paramjit Kaur and Sarabjit Kaur made a joint statement on 17.1.2011 to the effect that the case Criminal Misc. No. M- 28759 of 2010 -2- was registered on the complaint of Ajaib Singh and now the compromise has been effected between them and complainant. Copy of compromise is Ex. CB. A sum of Rs.20,00,000/- were to be paid to Kamaljit Kaur and her minor daughter Jasmeen Kaur for their whole life, out of which Rs.10,00,000/- were paid by the petitioners to Kamaljit Kaur in cash previously and a sum of Rs.9,99,999/- paid to Ajaib Singh on behalf of her daughter Kamaljit Kaur through draft No.738367 dated 17.12.2010 drawn on Punjab National Bank, Raikot, Ludhiana. Respondent Ajaib Singh made statement that he and his daughter have compromised the matter with the accused persons with the intervention of respectables of the village. Compromise has been settled with an amount of Rs.20,00,000/- to be paid to Kamaljit Kaur. Kamaljit Kaur is unable to move as she is effected from paralyses and he has received Rs.10,00,000/- from Baldev Singh, Manjit Singh, Jinder Kaur, Paramjit Kaur and Sarabjit Kaur in cash on behalf of her daughter Kamaljit Kaur and he has received a draft No.738367 dated 17.12.2010 of an amount of Rs.9,99,999/- drawn on Punjab National Bank, Raikot, Ludhiana from Baldev Singh on behalf of her daughter Kamaljit Kaur and her minor daughter Jasmeet Kaur. Respondent Ajaib Singh has no objection if the FIR in question alongwith consequential proceedings arising therefrom is quashed qua petitioners. After recording the statements of the parties, the compromise is held to be genuine. Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 for quashing the prosecution when parties entered into compromise. The Full Bench has observed that this power of quashing is not confined to matrimonial disputes alone. The relevant portion of the judgment reads as under:- “26. In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, (1980)1 SCC Criminal Misc. No. M- 28759 of 2010 -3- 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words :- “The finest hour of justice arrived propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.” 27. The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320(9) if the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C. 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 emity 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 absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.” The ratio of the Full Bench judgment is a special reference which Criminal Misc. No. M- 28759 of 2010 -4- has been made to the offences against human body other than murder and culpable homicide where the victim dies in the course of transaction would fall in the category where compounding may not be permitted. Heinous offences like highway robbery, dacoity or a case involving clear-cut allegations of rape should also fall in the prohibited category. However, the offences against human body other than murder and culpable homicide may be permitted to be compounded when the Court is in the position to record a finding that the settlement between the parties is voluntary and fair. The Court must examine the cases of weaker and vulnerable victims with necessary caution. The Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 has examined a case where quashing was sought of an FIR under Section 406 IPC being non- compoundable. The Hon'ble Supreme Court has held that :- “1. No useful purpose would be served in continuing with the proceedings in the light of the compromise – There was no possibility of conviction. 2. It is advisable that in the disputes where question involved is of purely personal nature and no public policy is involved – Court should ordinarily accept the compromise. 3. Keeping the matter alive with no possibility of conviction is a luxury which the Courts, grossly overburdened as they are, cannot afford.” Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), FIR No.103 dated 12.5.2010 under Sections 406, 498-A, 494, 420, 307 and 120-B IPC registered at Police Station Jagraon, District Ludhiana Rural, District Ludhiana, is Criminal Misc. No. M- 28759 of 2010 -5- quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of. February 25, 2011 ( RITU BAHRI ) Vijay Asija JUDGE