Punjab-Haryana High Court
Taranjeet Kaur And Others vs State Of Punjab on 17 May, 2012
Crl. Misc. No.M-14668 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-14668 of 2012
Date of Decision: 17.05.2012
Taranjeet Kaur and others
....Petitioners
Versus
State of Punjab
...Respondent
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Arvind Kashyap, Advocate
for the petitioners.
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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 ?
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NIRMALJIT KAUR, J. (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.145 dated 25.10.2011 under Sections 498-A, 342, 323, 506/34 IPC registered at Police Station Fatehgarh Sahib on the basis of compromise effected between the parties.
Notice of motion.
On the asking of the Court, Mr. Navdeep Sukhna, D.A.G., Punjab accepts notice on behalf of respondent-State.
However, the petitioner Nos.1 and 2 have together filed the present petition seeking quashing of the FIR, in question, on the ground that they are happily residing together as husband and wife. Both petitioners No.1 and 2 are present in the Court.
The matter having been compromised, it is fit case where Crl. Misc. No.M-14668 of 2012 2 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 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 Crl. Misc. No.M-14668 of 2012 3 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. 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. 145 dated 25.10.2011 under Sections 498-A, 342, 323, 506/34 IPC registered at Police Station Fatehgarh Sahib and subsequent proceedings arising therefrom are hereby quashed in the interest of justice.
(NIRMALJIT KAUR) 17.05.2012 JUDGE gurpreet