Punjab-Haryana High Court
Sewak Singh & Others vs State Of Punjab & Another on 10 January, 2011
Crl. Misc. No.M-31801 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-31801 of 2010
Date of Decision: 10.01.2011
Sewak Singh & others
....Petitioners
Versus
State of Punjab & another
...Respondents
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Achin Gupta, Advocate
for the petitioners.
Ms. Neelam, A.A.G., Punjab
for the respondent-State.
Mr. Vivek Goel, 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 ?
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NIRMALJIT KAUR, J. (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.207 dated 26.07.2009 under Sections 420, 506 and 120-B IPC registered at Police Station Kotwali, Faridkot, District Faridkot and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
The FIR was registered against the present petitioners by respondent No.2-Deep Singh son of Dhian Singh. The allegation against petitioner No.1 is that he fraudulently got the sale registered from respondent No.2 with connivance of petitioners No.2 and 3. The petitioner No.1 is the real nephew of respondent No.2 and he is the only care taker of respondent No.2. Notice of motion was issued in this case and the trial Crl. Misc. No.M-31801 of 2010 2 Court was directed to record a finding and send his report whether any volunteer compromise has been arrived at between the parties. Accordingly, a report with regard to the same has been received from Chief Judicial Magistrate, Faridkot, wherein, it is stated that the matter has been compromised between the parties. Therefore, the compromise effected between the parties appear to be volunteered one. 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 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 Crl. Misc. No.M-31801 of 2010 3 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. 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.207 dated 26.07.2009 under Sections 420, 506 and 120-B IPC registered at Police Station Kotwali, Faridkot, District Faridkot and subsequent proceedings arising therefrom are hereby quashed in the interest of justice.
(NIRMALJIT KAUR) JUDGE 10.01.2011 gurpreet