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2010 DIGILAW 498 (PNJ)

Balwinder Singh v. State Of Punjab

2010-01-20

NIRMALJIT KAUR

body2010
Judgment NIRMALJIT KAUR, J. 1. This is a petition under Sec.482 Cr. P. C. for quashing of the fir No.162 dated 14.08.2009 under Sections 406 and 498-A IPC at Police Station nakodar, District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise dated 10.10.2009 entered into between the parties. 2. The FIR was registered against the present petitioners by respondent No.2-Surjit Kaur daughter of Mohan Singh wife of Balwinder Singh. As per the FIR, the respondent No.2 was married in the year 2007. However, subsequently the petitioners started harassing respondent No.2 on account of which, the said FIR was registered against them. Thereafter, due to the intervention of the respectables of the village, a compromise has been effected between the parties. The compromise deed dated 10.10.2009 has been placed on record as P-2. As per the compromise, the complainant respondent No.2-Surjit Kaur does not wish to pursue the above mentioned FIR against the petitioner. An affidavit was also executed affirming the factum of compromise and the same is placed on record. A separate statement of respondent No.2-Surjit Kaur has also been recorded. It is duly stated by her that the matter has been compromised and she has no objection, if the said FIR is quashed. The present FIR arises out of the matrimonial dispute. 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 Sec.482 Cr. P. C for quashing of the FIR. 3. 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 Sec.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 Sec.482. 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 Sec.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 Sec.320 of the Cr. P. C in order to prevent the abuse 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. " 4. In the present case, the dispute arises out of the matrimonial dispute. The same has been compromised. In view of the settled position of law and keeping in mind the compromise, the continuation of the proceedings will not serve any purpose, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life. 5. Accordingly, the present petition is allowed and FIR No.162 dated 14.08.2009 under Sections 406 and 498-A IPC at Police Station Nakodar, District jalandhar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.