IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-16372 of 2009 (O/M).
Date of Decision : August 04, 2009.
Preet Brar son of S. Partap Singh resident of House No. 4890/C, Sector-68-C,
Mohali.
...... Petitioner .
Versus.
State of Punjab, and another.
..... Respondents.
CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:- Mr. Jasjit Singh, Advocate,
for the petitioner .
Mr. Aman Deep Singh Rai, A.A.G. Punjab,
for the respondent-State.
Mr. S.P.S. Tinna, Advocate,
for the respondent No. 2.
AUGUSTINE GEORGE MASIH, J. (ORAL).
The present petition is for quashing of F.I.R. No. 109, dated
05.06.2009 under Section 420, 406 I.P.C. registered at Police Station Phase-
8, Mohali, and all consequential proceedings arising therefrom, on the basis
of a compromise dated 09.06.2009 (Annexure-P-2), vide which the parties
have amicably settled the dispute between them, which was primarily in the
nature of monetary misunderstanding, which has occurred between them. An
affidavit dated 09.06.2009 (Annexure-P-3)of the complainant has also been
attached with the petition, wherein the factum of compromise has been
admitted by him and he has further stated that he has received the amount,
which was due to him.
Criminal Misc. No. M-16372 of 2009. -2-
Upon notice having been issued, reply by way of short affidavit
has been filed by Baljinder Singh son of Ram Singh-respondent No. 2-
complainant, who has in his affidavit also accepted the fact with regard to
compromise and has further stated that he has no objection, if the F.I.R.,
which was registered on his behest against the petitioner is quashed
alongwith all consequential proceedings. Shri Baljinder Singh s/o Ram
Singh-complainant is present in the Court (as identified by his counsel), who
has acknowledged the fact of compromise as well as the fact that he has no
objection, if the F.I.R. in question is quashed alongwith all consequential
proceedings.
In view of the amicable settlement of the dispute between the
parties, which was primarily in the nature of monetary dispute and the
admission on the part of respondent No. 2-complainant that he has received
the amount in dispute from the petitioner, no useful purpose would be served
by further allowing the matter to continue. An amicable settlement having
been reached between the parties, the interest of justice would be served by
quashing the F.I.R. in question, prayer whereof has been made in the present
petition.
Reliance can be made upon the Larger Bench Judgment of this
Court in the case Kulvinder Singh and others Versus State of Punjab and
another 2007(3) R.C.R. (Criminal) 1052, while discussing the scope of
quashing of prosecution on the basis of compromise, by this Court in
exercise of powers under Section 482 Cr.P.C., even in non-compoundable
offences, has held as under :-
“28. The compromise, in a modern society, is the sine qua non
of harmony and orderly behaviour. It is the soul of justice and
Criminal Misc. No. M-16372 of 2009. -3-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 in a matrimonial
discord, landlord-tenant matters, commercial transactions and
other such matters can safely be dealt with by the Court by
exercising its powers under Section 482 of the Cr.P.C. in the
event of a compromise, but this is not to say that the power is
limited to such cases. There can never be any such rigid rule to
prescribe the exercise of such power, especially in the absence
of any premonitions to forecast and predict eventualities which
the cause of justice may throw up during the course of a
litigation.
29. 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.”
Therefore, in view of the discussion above, since the parties
have amicably settled the matter, which is otherwise in the interest of justice
and appears to have been effected to promote peace and harmony amongst
the parties, the instant petition is allowed. Consequently, impugned F.I.R.
No. 109, dated 05.06.2009 under Section 420, 406 I.P.C. registered at Police
Station Phase-8, Mohali, and all other consequential proceedings arising
therefrom are quashed.
(AUGUSTINE GEORGE MASIH)
JUDGE
August 04, 2009.
sjks.
