Ritu Bahri, J. - (1.) PRESENT petition has been filed under Section 482 Code of Criminal Procedure for quashing FIR No. 125 dated 2.4.2009 under Sections 419, 420, 467, 468, 471, 506, 120B IPC registered at Police Station Civil Lines, Amritsar and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P -2).
(2.) AS per contents of the FIR, there was a dispute in relation to one entry in the registry along with Wasika Navis in the land Khasra No. 65/9, 59/25, 58/21 total area of which is 72 square yards. The site has been sold by Malook Singh vide registered sale deed dated 23.8.2002, which was contested, for sale consideration of Rs. 1,50,000/ -. Accused Charanjit Bhatia stated that he has purchased the suit land from Kuldeep Singh and his wife Sarabjit Kaur. Allegations are that Charanjuit Bhatia along with Kuldeep Singh and his wife Sarabjit Kaur get forged documents prepared and the registry was got done in their own names. In the above background, FIR was registered. During the pendency of the trial, compromise has been effected between the parties. Affidavit of complainant, who is present in the Court, is taken on record. She is duly identified by her counsel. As per contents of the affidavit, the dispute has been compromised without any coercion and pressure. She has stated that Annexure P -2 has been executed between the parties and has no objection if the subsequent proceedings arising out of the FIR is quashed.
(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 (cri.) 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.;