Satinder Kaur and Another vs State of Punjab and Another

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for quashing of the FIR No. 204 dated 03.08.2010 under

Sections 406/420/467/461/471 IPC registered at Police Station Rajpura, District Patiala on the basis of compromise entered into between the

parties.

The FIR was registered against the present Petitioners by Harpreet Singh Rekhi, attorney holder of Gobinder Pal Rekhi-Respondent No. 2.

Due to the intervention of the respectable of both the parties, Harpreet Singh Rekhi, attorney holder of Gobinder Pal Rekhi s/o Swaran Singh

Rekhi, Respondent No. 2 has entered into a compromise with the Petitioners vide compromise dated 03.09.2010. Harpreet Singh Rekhi son of

Swaran Singh, attorney holder of Gobinder Pal Rekhi is present in the Court. As per the compromise, the Petitioners had agreed not to claim any

ownership/possession over the assets of M/s Dhillon Hotel Private Limited and also to withdraw the civil suit filed by Petitioner No. 2 against

Respondent No. 2. Further, the Respondent No. 2 does not wish to pursue the above mentioned FIR against the present Petitioners. An affidavit

of Harpreet Singh, attorney holder of Gobinder Pal Rekhi was also executed affirming the factum of compromise and the same is placed on

record. It is duly stated by him that the matter has been compromised and he has no objection, if the said FIR is quashed. Reply on behalf of

Respondent No. 1 has also been filed in the Court today. The same is taken on record. 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 Code of Criminal Procedure 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 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 Code of Criminal Procedure 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.

The matter has been compromised. In view of the settled position of law, it is a fit case where the Court can exercise its inherent power to quash

the FIR.

Accordingly, the present petition is allowed and FIR No. 204 dated 03.08.2010 under Sections 406/420/467/461/471 IPC registered at Police

Station Rajpura, District Patiala is hereby quashed in the interest of justice.