KAMAL AGGARWAL Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing of the FIR No. 203 dated 21.08.2003 under Sections 406/498-A/506 IPC registered at Police Station Model Town, Ludhiana and all 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-Priya Aggarwal alias Nidhi Gupta wife of Kamal Aggarwal. Due to the intervention of the respectables of both the parties, the matter has been compromised. As per the compromise, the complainant Respondent No. 2-Priya Aggarwal 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. 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 Ors. v. State of Punjab and Anr.,2007 3 RecCriR 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 Ors. as well, such compromise deserves to be accepted. It is further held as under: