BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.162 dated 14.08.2009 under Sections 406 and 498-A IPC at Police Station Nakodar, District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise dated 10.10.2009 entered into between the parties.

(2.) The FIR was registered against the present petitioners by respondent No.2-Surjit Kaur daughter of Mohan Singh wife of Balwinder Singh. As per the FIR, the respondent No.2 was married in the year 2007. However, subsequently the petitioners started harassing respondent No.2 on account of which, the said FIR was registered against them. Thereafter, due to the intervention of the respectables of the village, a compromise has been effected between the parties. The compromise deed dated 10.10.2009 has been placed on record as P-2. As per the compromise, the complainant respondent No.2-Surjit Kaur does not wish to pursue the above mentioned FIR against the petitioner. An affidavit was also executed affirming the factum of compromise and the same is placed on record. A separate statement of respondent No.2-Surjit Kaur 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 vs. 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 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 :-