DEEPAK AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.33 dated 16.05.2006 under Sections 406 and 498-A IPC at Police Station Division No.2, Ludhiana 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-Puja Garg daughter of Sh. Om Parkash. Thereafter, the parties have entered into a compromise before the Mediation Centre with the intervention of the mediator and the respectable persons of the area. As per the compromise, the complainant respondent No.2-Puja Garg 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 as P-3. A separate statement of respondent No.2-Puja Garg 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 :-