Punjab-Haryana High Court
Manohar Singh And Another vs State Of Punjab And Another on 2 August, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-7204 of 2010
Date of Decision:02.8.2010
Manohar Singh and another
.... Petitioners
Versus
State of Punjab and another
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. J.S. Ahluwalia, Advocate for the petitioners.
Mr. K.S. Pannu, D.A.G. Punjab.
Mr. S.K. Gupta, Advocate for respondent No.2.
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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?
NIRMALJIT KAUR, J.(Oral)
The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.36 dated 12.02.1996 registered under Sections 409/406/420/34 IPC at Police Station C-Division, Amritsar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
The FIR in question was got registered by respondent No.2 against the petitioners on the allegation of embezzlement. However, the matter has been compromised. A separate statement of Bhupinder Singh son of S. Lakha Singh Mukhtiar-i-aam on behalf of respondent No.2/complainant authenticating the compromise is also recorded in the Court stating that the matter has been compromised and he is the Mukhtiar- i-aam of Sub Office, SGPC, Chandigarh and he has been authorised by respondent No.2 vide resolution (Annexure P-3) to make the statement. An affidavit of Bhupinder Singh son of S. Lakha Singh Mukhtiar-i-aam on behalf of respondent No.2/complainant has also been placed on record to the same effect. As per the compromise/affidavit, respondent No.2 has no CRM M-7204 of 2010 -2- objection if the FIR in question is quashed.
The Full Bench of this Court, in the case of Kulwinder 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."
In the case of Madan Mohan Abbot v. 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 CRM M-7204 of 2010 -3- litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
Taking into account that the allegation in FIR, the compromise, affidavit 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.
Accordingly, the present petition is allowed and FIR No.36 dated 12.02.1996 registered under Sections 409/406/420/34 IPC at Police Station C-Division, Amritsar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.
02.8.2010 ( NIRMALJIT KAUR ) rajeev JUDGE