Kabur Singh vs Harbhajan Singh and Another

Nirmaljit Kaur, J.

Crl. M. No.66011 of 2010

Allowed as prayed for.

Crl. M. No.13759-M of 2010

The present petition has been filed u/s 482 Code of Criminal Procedure for quashing of complaint No. 39-2007 dated 20.1.2007 (Annexure P-1) u/s 138 of the Negotiable Instrument Act, titled as "Harbhajan Singh v. Kabul Singh" pending in the Court of learned CJM, Gurdaspur and subsequent proceedings arising there from on the basis of compromise entered into between the parties.

The complaint in question was filed by Respondent No. 1. However, due to the intervention of the respectable of the area, the matter has been compromised. Compromise deed (Annexure P-2) has also been placed on record.

Learned Counsel for Respondents No. 1 has placed on record the reply by way affidavit of Respondents No. 1 authenticating the compromise vide Crl. M. No. 66011 of 2010. As per the said reply, Respondent No. 1 has no objection if the complaint in question is quashed.

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 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 CRM M-13759 of 2010 (O&M) -3-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 and the affidavit of Respondent No. 1 stating that he 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 Code of Criminal Procedure for quashing of complaint in the interest of justice.

Accordingly, the present petition is allowed and complaint No. 39-2007 dated 20.1.2007 (Annexure P-1) u/s 138 of the Negotiable Instrument Act, titled as "Harbhajan Singh v. Kabul Singh" pending in the Court of learned CJM, Gurdaspur and all subsequent proceedings arising therefrom are hereby quashed.