LAWS(P&H)-2010-4-23

SARABJIT KAUR Vs. STATE OF PUNJAB

Decided On April 28, 2010
SARABJIT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) (Oral)

(2.) THIS is a petition under Section 482 Cr.P.C. for quashing of FIR No. 69 dated 19.07.2007 under Sections 420, 406, 120-B of Indian Penal Code, Police Station Sri Hargobindpur, Police District Batala, District Gurdarpur and all subsequent proceedings arising out of the same registered against the present petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-1. A separate statement of the complainant has also been got recorded in the Court to the same effect. Complainant Gurmeet Singh son of Santa Singh has also filed his affidavit dated 28.04.2010 stating therein that he has no objection if the F.I.R is quashed. The same is taken on record.

(3.) 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 reduced 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 exercising its power under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. THEre can never be any such rigid rules to prescribe the exercise of such power.