NIRBHAI SINGH BHULLAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No. 265 dated 5.8.2001 registered under Sections 420, 467, 468 IPC at Police Station Lalru District Mohali and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

(2.) The FIR in question was registered by respondent No. 2 against the petitioners on the allegation that he has been cheated by the petitioner while charging security deposit of Rs. 161000/- vide draft No. 569340/11/98 dated 3.6.1998. However, the matter has been compromised. The compromise deed has also been placed on record as Annexure P-2. An affidavit of respondent No. 2- complainant has also been placed on record authenticating the compromise. A separate statement of respondent No. 2/complainant authenticating the compromise has also been recorded in the Court today. As per the compromise/affidavit, respondent No. 2 has no objection if the FIR in question is quashed. It is further stated that the said compromise was entered into without any pressure and out of his own sweet will.

(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 :-