USHA KHANNA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Usha Khanna, the petitioner has brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No. 369 dated 16.10.2011 registered at Police Station Civil Lines, Amritsar City (Annexure P1) for an offence punishable under sections 420 and 120-B of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise (Annexure P2) arrived at between the parties.

(2.) Originally in the FIR, there had been three accused out of whom two were found innocent. An objection was raised by learned counsel for the complainant to the quashing of the FIR because the FIR had been against the other two persons also. Facing this situation, the other two persons who were accused in the FIR have also entered into a compromise with the complainant/respondent no.2. As per the terms of the compromise, Annexure P6, a sum of 1.00 lac in cash has been paid today by the petitioner to the complainant.

(3.) Compromise brings not only peace and harmony between the parties to a dispute but restores tranquility in the society. Taking restoration of peace and harmonious relations as the prime concern of law, it was held in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426 by this court that even if a matrimonial offence is non compoundable, a case regarding the same could be quashed on the basis of compromise between the parties to achieve the aforesaid object. A Larger Bench of five Hon'ble Judges of this court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 3 RCR(Cri) 1052, has taken the following decision regarding the other offences:-