Nirmaljit Kaur, J. - (1.) THE present petition has been filed under Section 482 Code of Criminal Procedure for quashing of FIR No. 105 dated 27.5.1999 under Sections 403/404/420/120 -B IPC Police Station East. Sector 26, Chandigarh and subsequent proceedings arising there from on the basis of compromise entered into between the parties.
(2.) THE FIR in question was got registered by Respondent No. 2. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P -3) has already been placed on record to this effect. The parties are present in the Court along with their respective counsel. Learned counsel for Respondent No. 2 has placed on record the affidavit of Respondent No. 2 admitting the factum of compromise. As per the said affidavit, Respondent No. 2 has no objection if the FIR in question is quashed.
(3.) THE Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr., 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 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 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 Code of Criminal Procedure which can affect the inherent power of this Court under Section 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 under Section 320 of the Code of Criminal Procedure in order to prevent the abuse of law and to secure the ends of justice.;