Nirmaljit kaur, J.@mdashThis is a petition u/s 482 Code of Criminal Procedure for quashing of the FIR No. 18 dated 22.01.2004 under Sections
420, 467, 468, 471 and 120B IPC registered at Police Station ''C'' Division, Amritsar and all subsequent proceedings arising therefrom on the
basis of compromise entered into between the parties.
2. The FIR was registered against the present Petitioners by Respondent No. 2-Tarlok Singh son of late Sh. Jarnail Singh. Due to the intervention
of respectable, the matter has been compromised. As per the compromise, the complainant Respondent No. 2 does not wish to pursue the above
mentioned FIR against the Petitioners. An affidavit was also executed affirming the factum of compromise and the same is placed on record. It is
duly stated by him that the matter has been compromised and he has no objection, if the said FIR is quashed. A separate statement of Respondent
No. 2-Tarlok Singh to this effect has also been recorded. It is duly stated by him that he has received a balance amount of Rs. 1,68,000/-. A sum
of Rs. 1,47,000/-have been received vide Demand Draft Nos. 002034, 204479 and 062486 ( Rs. 49,000/- each) dated 15.12.2010 and Rs.
21,000/- have been received in cash. The said compromise has been entered into without any pressure and out of his own sweet will. 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 u/s 482 Code of
Criminal Procedure for quashing of the FIR.
3. The Full Bench of this Court, in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR 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 u/s 482 of the
Code of Criminal Procedure 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 Code of Criminal Procedure which can affect
the inherent power of this Court u/s 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 u/s 320 of the Code of Criminal Procedure in order to prevent
the abuse of law and to secure the ends of justice.
4. In the case of Madan Mohan Abbot Vs. State of Punjab, , 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.
5. 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.
6. Accordingly, the present petition is allowed and FIR No. 18 dated 22.01.2004 under Sections 420, 467, 468, 471 and 120B IPC registered at
Police Station ''C'' Division, Amritsar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.