Mayank Gulati and Others vs State of Punjab and Another

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for quashing of the FIR No. 54 dated 03.10.2009 under Sections 406/498A IPC registered at Police Station Fatehgarh Churian and all consequential proceedings arising thereof on the basis of compromise entered into before the Lok Adalat. The FIR was registered against the present Petitioners by Respondent No. 2-Akshi Bhatia. Thereafter, the matter has been compromised i.e the parties have entered into a compromise before the Permanent Lok Adalat. As per the compromise, the complainant Respondent No. 2-Akshi Bhatia does not wish to pursue the above mentioned FIR against the Petitioners. An Crl. Misc. No. M-33166 of 2010 2 affidavit was also executed affirming the factum of compromise. Statements of Akshi and Mayank Gulati have also been recorded by the Lok Adalat and the copies of the same are placed on record as P-4 and P 5. It is duly stated by Respondent No. 2/complainant that the matter has been compromised and she has no objection, if the said FIR is quashed. Reply has also been filed by Respondent No. 2 stating therein that the matter has been compromised and she has no objection, if the FIR is quashed.

The Full Bench of this Court, in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR 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 u/s 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:

" The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C which can affect the inherent power of this Court u/s 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar u/s 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice."

In the case of Madan Mohan Abbot Vs. State of Punjab, , the Apex Court emphasised and advised as under:

" We need to emphasise that it is perhaps advisable that in disputes where the Crl. Misc. No. M-33166 of 2010 3 question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."

In the present case, the dispute arises out of the matrimonial dispute. The same has been compromised before the Permanent Lok Adalat.

Accordingly, the present petition is allowed and FIR No. 54 dated 03.10.2009 under Sections 406/498A IPC registered at Police Station Fatehgarh Churian and all consequential proceedings arising thereof on the basis of compromise are hereby quashed in the interest of justice.