Punjab-Haryana High Court
Amit Kumar Jain And Others vs State Of Punjab And Another on 8 February, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-7193 of 2011
Date of Decision:8.2.2012
Amit Kumar Jain and others .... Petitioners
Versus
State of Punjab and another .... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Y.M. Bhagirath, Advocate for the petitioners.
Mr. Kirat Singh Sidhu, D.A.G. Punjab.
Mr. S.K. Bawa, Advocate for respondent No.2.
****
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 instant petition has been filed for quashing of FIR No.235 dated 16.7.2009 registered under Sections 406/498-A/323/506 IPC Police Station Maqsudan District Jalandhar 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. The matter has since been compromised due to the intervention of the respectable of the family. Statement dated 29.9.2010 (Annexure P-1) of respondent No.2 made in the petition for dissolution of marriage by a decree of divorce by mutual consent has also been placed on record in this regard.
Vide order dated 8.3.2011, the trial Court was directed to record the statements of the parties and to send a report alongwith statements of the parties with regard to validity or otherwise of the compromise effected between the parties or whether any case is pending against either of the parties or not.
In pursuance to the same, report of Judicial Magistrate Ist Class, Jalandhar, has been received. As per the said report, the statements of the parties have been recorded. It is further submitted that as per their statements, the Court is satisfied that the compromise arrived at between the parties is genuine one and without any CRM M-7193 of 2011 -2- pressure or coercion.
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 litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
In view of the settled position of law and in the facts of the present case, it is a fit case where there is no impediment in the way of the CRM M-7193 of 2011 -3- Court to accept the compromise and exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure.
Accordingly, the instant petition is allowed and FIR No.235 dated 16.7.2009 registered under Sections 406/498-A/323/506 IPC Police Station Maqsudan District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice.
8.2.2012 ( NIRMALJIT KAUR ) rajeev JUDGE