Punjab-Haryana High Court
Vishal Grover And Another vs State Of Haryana And Another on 25 March, 2010
Author: Nirmaljit Kaur
Bench: Nirmaljit Kaur
Crl. Misc. No.M-2876 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-2876 of 2010
Date of Decision: 25.03.2010
Vishal Grover and another
....Petitioners
Versus
State of Haryana and another
...Respondents
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Ranjit Saini, Advocate
for the petitioners.
Mr. Sanjiv Sura, Addl. A.G., Haryana
for the respondent-State.
Mr. Viney Saini, Advocate
for the complainant.
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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)
This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.280 dated 24.09.2009 under Sections 406/498-A/506 IPC registered at Police Station S.G.M. Nagar, Faridabad and all subsequent proceedings arising therefrom on the basis of compromise having been arrived at between the parties before the Mediation and Conciliation Centre.
The FIR was registered against the present petitioners by respondent No.2-Geeta Grover wife of Vishal Grover. Thereafter, the parties have entered into a compromise before the Mediation Centre with Crl. Misc. No.M-2876 of 2010 2 the intervention of the mediator. The said compromise has been placed on record as P-2. An affidavit of Geeta Grover-respondent No.2 has also been filed in the Court today affirming the factum of compromise. As per the compromise and the affidavit, the parties are residing happily and the matter has been amicably settled. The complainant-respondent has not objection, if the said FIR and all subsequent proceedings arising therefrom are quashed. The dispute is totally personal in nature and arising out of the matrimonial dispute.
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 Crl. Misc. No.M-2876 of 2010 3 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 the present case, the dispute arises out of the matrimonial dispute. The same has been compromised. The parties are residing together. 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. In view of the well settled proposition of law, it would be just and proper to quash the FIR for peace, harmony and to allow the parties to reside together.
Accordingly, the present petition is allowed and FIR No. 280 dated 24.09.2009 under Sections 406/498-A/506 IPC registered at Police Station S.G.M. Nagar, Faridabad and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.
However, it has been brought to the notice of the Court that in view of the FIR, the passports of both the petitioner, as well as, the respondent have been impounded by the police. The FIR having been quashed, ASI Barinder Singh, is directed to release the passports of the petitioner forthwith.
(NIRMALJIT KAUR) 25.03.2010 JUDGE gurpreet