Balbir Kaur and Others vs State of Punjab and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for quashing of the FIR No. 41 dated 06.05.2010 under Sections

498A/34 IPC registered at Police Station Bullowal, District Hoshiarpur on the basis of compromise dated 08.06.2010 effected between the

petitioners and respondents No. 2 and 3, as well as, further proceedings arising out of the above said FIR.

The FIR was registered against the present petitioners by respondent No. 3-Parminder Kaur. Due to the intervention of close relatives and

friends, the matter has been compromised. As per the compromise, the complainant-respondent 3 does not wish to pursue the above mentioned

FIR against the petitioners. An affidavit was also executed affirming the factum of compromise. It is duly stated by her that the matter has been

compromised and she has no objection, if the said FIR is quashed. Respondents No. 2 and 3 are present in the Court. Respondent No. 2 is the

father of the complainant-respondent No. 3-Parminder Kaur. Learned Counsel for respondents No. 2 and 3 states that he has instructions from

respondents No. 2 and 3 that they have no objection, if the FIR is quashed. The present FIR arises out of the matrimonial dispute. 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 Cr.P.C for

quashing of the FIR.

The Full Bench of this Court, in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR (Cri) 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

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 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 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. 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 the present case, the dispute arises out of the matrimonial dispute. The same 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.

Accordingly, the present petition is allowed and FIR No. 41 dated 06.05.2010 under Sections 498A/34 IPC registered at Police Station

Bullowal, District Hoshiarpur on the basis of compromise dated 08.06.2010 effected between the petitioners and respondents No. 2 and 3, as

well as, further proceedings arising out of the above said FIR are hereby quashed in the interest of justice.