Deepu Arya alias Ashish Arya and others vs State of Haryana and another

Nirmaljit Kaur, J.—The present petition has been filed u/s 482 Cr. P.C. for quashing of FIR No. 187 dated 10.6.2010 under Sections 498-A, 406, 323, 506, 34 IPC Police Station Sohna, District Gurgaon and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

The FIR in question was got registered by respondent No. 2 against the petitioner-husband. The same is result of matrimonial dispute. However, the matter has been compromised due to the intervention of the respectables of the family. Compromise deed (Annexure P-2) has already been placed on record to this effect.

The parties are present in the Court along with their respective counsel. Learned counsel for respondent No. 2 has placed on record the affidavit of respondent No. 2 admitting the factum of compromise. As per the said affidavit, respondent No. 2 has no objection if the FIR in question is quashed.

Respondent No. 2 is present in the Court alongwith her counsel. Respondent No. 2 got her statement recorded wherein it is submitted that the matter has been compromised due to the intervention of the respectable of the family. In pursuance to the compromise, the petitioners are required to pay Rs. 10 lac as full and final settlement out of which she has already received an amount of Rs. 9 lac and a sum of Rs. 1 lac has been received by her in the form of draft bearing No. 750701 dated 16.2.2012 issued by Syndicate Bank in the Court today. As such, she has received the full and final payment in pursuance to the compromise. She has no objection, if the FIR in question is quashed.

The Full Bench of this Court, in the case of Kulwinder Singh and others v. 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 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 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.

Taking into account that the compromise has been effected between the parties, affidavit of respondent No. 2 and the statement of respondent No. 2 made before this Court stating that she has no objection if the FIR is quashed, it is a 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 FIR in the interest of justice.

Accordingly, the present petition is allowed and FIR No. 187 dated 10.6.2010 under Sections 498-A, 406, 323, 506, 34 IPC Police Station Sohna, District Gurgaon and all subsequent proceedings arising therefrom are hereby quashed.