Crl. Misc. No.M-3374 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-3374 of 2011 Date of Decision: 03.02.2011 Surrender and another ....Petitioners Versus State of Haryana and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Sushil Jain, Advocate for the petitioners. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing of case FIR No.25 dated 15.01.2011 under Sections 393/34 IPC registered at Police Station Gharaunda, District Karnal on the basis of compromise between the petitioners and respondent No.2. Notice of motion. On the asking of the Court, Mr. Amit Rana, D.A.G., Punjab accepts notice on behalf of respondent-State. At this stage, Mr. Amrainder Singh, Advocate has put in appearance and accepted notice on behalf of respondent No.2. Learned counsel for the petitioners, as well as learned counsel for the respondent No.2 state that neither of the parties is a proclaimed offender. In view of the same, there is no hesitation in taking up the case for quashing on the basis of compromise. Crl. Misc. No.M-3374 of 2011 2 The FIR was registered against the present petitioners by respondent No.2-Anil Kumar s/o Sh. Krishan Lal Purthi. There was a monetary transaction dispute between the petitioners and the complainant. Due to the intervention of the respectable of both the parties, the matter has been compromised. As per the compromise, it has been mutually decided to withdraw the complaint made by the complainant against the petitioners. Further, the respondent No.2 does not wish to pursue the above mentioned FIR against the petitioners. An affidavit duly executed and affirming the factum of compromise has been placed on record. It is duly stated in the affidavit that the matter has been compromised and he has no objection, if the said FIR is quashed. The matter having been compromised, it is 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. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held 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 Crl. Misc. No.M-3374 of 2011 3 of law and to secure the ends of justice.” In the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised 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.” The matter has been compromised without any pressure. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life. Accordingly, the present petition is allowed and FIR No.25 dated 15.01.2011 under Sections 393/34 IPC registered at Police Station Gharaunda, District Karnal is, hereby, quashed in the interest of justice. (NIRMALJIT KAUR) 03.02.2011 JUDGE gurpreet