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2010 DIGILAW 1640 (PNJ)

Nirbhai Singh Bhullar v. State Of Punjab

2010-05-12

NIRMALJIT KAUR

body2010
Judgment Nirmaljit Kaur, J. 1. The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No. 265 dated 5.8.2001 registered under Sections 420, 467, 468 IPC at Police Station Lalru District Mohali and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. 2. The FIR in question was registered by respondent No. 2 against the petitioners on the allegation that he has been cheated by the petitioner while charging security deposit of Rs. 161000/- vide draft No. 569340/11/98 dated 3.6.1998. However, the matter has been compromised. The compromise deed has also been placed on record as Annexure P-2. An affidavit of respondent No. 2- complainant has also been placed on record authenticating the compromise. A separate statement of respondent No, 2/complainant authenticating the compromise has also been recorded in the Court today. As per the compromise/affidavit, respondent No. 2 has no objection if the FIR in question is quashed. It is further stated that the said compromise was entered into without any pressure and out of his own sweet will. 3. The Full Bench of this Court, in the case of Kulmnaer Singh and others v. 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 of law and to secure the ends of justice." 4. 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." 4. In the case of Madan Mohan Abbot v. State of Punjab 2008(2) R.C.R.(Criminal) 429 : 2008(2) R.A.J. 529 : 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." 5. Taking into account that the allegation in FIR, the compromise, the affidavit of respondent No. 2 and the statement before this Court authenticating the compromise, 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 FIR in the interest of justice. 6. Accordingly, the present petition is allowed and FIR No. 265 dated 5.8.2001 registered under Sections 420, 467,468 IPC at Police Station Lalru District Mohali and all sub-sequent proceedings arising therefrom are hereby quashed in the interest of justice.