BHARAT DHAWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.54 dated 30.03.2009 under Sections 328/498-A IPC at Police Station C-Division, Amritsar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

(2.) The FIR was registered against the present petitioners by respondent No.2- Jyoti daughter of Brij Mohan. Due to the intervention of the near relatives and respectables, the matter has been compromised. The compromise deed is placed on record as P-2. As per the compromise, the complainant respondent No.2-Jyoti does not wish to pursue the above mentioned FIR against the present petitioners. An affidavit has also been Crl. Misc. No.M-596 of 2010 2 executed affirming the factum of compromise and the same is placed on record. A separate statement of respondent No.2-Jyoti has also been recorded. It is duly stated by her that the matter has been compromised and she has no objection, if the said 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 under Section 482 Cr.P.C for quashing of the FIR.

(3.) The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another, 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 under Section 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 :-