Criminal Misc. No. M-7622 of 2008 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
Criminal Misc. No. M-7622 of 2008 (O&M)
Date of Decision:15.07.2008
Rakesh Kumar and others
…..Petitioners
Vs.
State of Haryana and another
…..Respondents
CORAM:- HON’BLE MR. JUSTICE RAJESH BINDAL
Present:- Mr. P.R. Yadav, Advocate along with petitioner No.1 in person.
Mr. Navneet Singh, AAG, Haryana for respondent No.1.
Mr. Aman Pal, Advocate along with respondent No.2 in person.
****
RAJESH BINDAL J.
The prayer made in this present petition filed under Section 482
of the Code of Criminal Procedure (for short `the Code’) is for quashing of
FIR No. 263 dated 28.8.2007 registered under Sections 498A/406/506/34
IPC at Police Station, Palam Vihar, Gurgaon and all subsequent proceedings
arising therefrom.
Learned counsel for the petitioner submits that the dispute
between the parties has been settled amicably and now respondent No.2-
complainant is residing with petitioner No.1 in her matrimonial home and
she does not have any objection in case the FIR in question is quashed.
Once that is so the FIR in question registered against the petitioner be
quashed. Reliance has been placed upon a five Judge Bench judgment of
this Court in Kulwinder Singh v. State of Punjab, 2007(3) Law Herald
(P&H) 2225.
The facts stated by the petitioner are not disputed by counsel
for respondent No.2. Affidavit of the complainant has also been placed on
record as Annexure P-2 admitting the factum of compromise.
While dealing with issue of quashing of FIR on the basis of
compromise a Bench consisting of five Hon’ble Judges of this Court in
Kulwinder Singh’s case (supra) while approving minority view in
Dharambir v. State of Haryana, 2005(2) Law Herald (P&H) (FB) 723,
opined as under:-
Criminal Misc. No. M-7622 of 2008 (O&M) -2-
“27. To conclude, it can safely be said that there can never be
any hard and fast category which can be prescribed to
enable the Court to exercise its power under Section 482,
of the Cr.P.C. The only principle that can be laid down is
the one which has been incorporated in the Section itself,
i.e., “to prevent abuse of the process of any Court” or “to
secure the ends of justice”.
28. In Mrs. Shakuntala Sawhney Versus Mrs. Kaushalya
Sawhney and others, (1980) 1 S.C.C. 63, Hon’ble
Krishna Iyer, J. aptly summoned up the essence of
compromise in the following words:-
“The finest hour of justice arrives propitiously when
parties, despite falling apart, bury the hatchet and weave a
sense of fellowship of reunion.”
The power to do complete justice is the very essence of
every judicial justice dispensation system. It cannot be
diluted by distorted perceptions and is not a slave to
anything, except to the caution and circumspection, the
standards of which the Court sets before it, in exercise of
such plenary and unfettered power inherently vested in it
while donning the cloak of compassion to achieve the
ends of justice.
29. No embargo, be in the shape of Section 320(9) of the
Cr.P.C., or any other such curtailment, can whittle down
the power under Section 482 of the Cr.P.C.
30. 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 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