Ritu Bahri, J. - (1.) CRIMINAL miscellaneous is allowed. Affidavit of Mrs. Neha Kahar is taken on record.
(2.) THIS petition under Section 482 Code of Criminal Procedure has been filed for quashing of FIR No. 395 dated 3.9.2003 under Section 406, 498 -A IPC registered at police station Sector 17, Chandigarh and all consequential proceedings arising therefrom on the basis of compromise (Annexure P -2). As per the affidavit filed by Respondent No. 4/complainant she has stated that her statement could not be recorded before the learned trial Court as she was not represented through an Advocate. She has further stated that the applicant and the Petitioners are now residing happily together for the last 1 -1 1/2 years and there is no dispute between them. She is present in the Court and has been duly identified by her counsel. As per the affidavit the matter has been amicably settled all the disputes and they have started residing together.
(3.) BROAD guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr., 2007 (3) RCR 1052 for quashing the prosecution when parties entered into compromise. The Full Bench has observed that this power of quashing is not confined to matrimonial disputes alone. The relevant portion of the judgment reads as under: 26. In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and Ors. : (1980) 1 SCC 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words: The finest hour of justice arrived propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion. 27. The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320(9) if the Code of Criminal Procedure, or any other such curtailment, can whittle down the power under Section 482 of the Code of Criminal Procedure. 28. 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 Code of Criminal Procedure 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 in a matrimonial discord, landlord -tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Code of Criminal Procedure in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.;