- (1.) Balwinder Kaur and Simar Kaur, the petitioners have brought this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 74 dated 18.12.2011 registered at Police Station Kabar Wala, District Muktsar for an offence punishable under sections 420 read with section 34 of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.
(2.) On notice of the petition, the complainants, Gurmeet Singh and Mukhtiar Singh, respondents No. 2 and 3 alongwith Mr. Impinder Singh Dhaliwal, Advocate have appeared before me. The complainants admit that the matter has been compromised between the parties. Vide orders dated 28.3.2012, passed by this court, the parties were directed to appear before learned Chief Judicial Magistrate, Muktsar on 17.4.2012 in order to make statements with regard to the compromise arrived at between them. The Chief Judicial Magistrate, Muktsar recorded statements of respondents no. 2 and 3 and submitted his report vide letter dated 18.4.2012. According to him, the parties have compromised the matter.
(3.) Compromise between the parties resolves their pending disputes which ultimately brings peace and harmony between the warring factions and restores tranquility in the society. With regard to the matrimonial offences, it has been held by this court in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426 that even if the 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. However, the question arose as to whether quashing of cases for non-compoundable offences in offences other than matrimonial disputes, could be allowed and 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 in the matter:- 29. 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 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 Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. ;