- (1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioners, the accused in FIR No.117 dated 14.11.2007 (Annexure P -1) registered under Section 406 of the Indian Penal Code (for short, 'the IPC') read with Section 4 of the Prevention of Dowry Act, at Police Station Goindwal Sahib, District Tarn Taran, seek quashing of the aforesaid FIR saying that the matter has been amicably settled between them and complainant/respondent No.2 as evidenced by the compromise deed dated 08.11.2013 (Annexure P -2).
(2.) IN the FIR, Annexure P -1, it was alleged by respondent No.2 that on 13.11.2007, at the time of Sagun ceremony of her daughter and petitioner No.2, he had given some dowry articles to the petitioners and marriage was proposed to be solemnized on 17.11.2007. But the marriage could not be solemnized as the petitioners had demanded a car and other dowry articles at the time of marriage from the complainant/respondent No.2. Now, in terms of the compromise, the complainant/respondent No.2 has received Rs.3 lacs towards full settlement of their claims. This satisfies complainant's claim against the petitioners.
(3.) WHILE issuing notice of motion, the Illaqa Magistrate was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Illaqa Magistrate has submitted a report dated 07.11.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Complainant/respondent No.2, who is being represented by his counsel, has also no objection if the afore -stated FIR and proceedings arising therefrom are quashed, as he has settled the matter with the petitioners by way of the compromise. State Counsel also does not object to quashing of the afore -said FIR. From the above it is established that the parties to the lis have resolved their inter se dispute amicably and have resolved to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 3 RCR(Cri) 1052 , wherein it has been held as under: "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) of the Criminal Procedure Code, or any other such curtailment, can whittle down the power under Section 482 of the Criminal Procedure Code. 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 Criminal Procedure Code 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, landlordtenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Criminal Procedure Code 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. 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Criminal Procedure Code 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 noncompoundable offences notwithstanding the bar under Section 320 of the Criminal Procedure Code, in order to prevent the abuse of law and to secure the ends of justice. 30. The power under Section 482 of the Criminal Procedure Code is to be exercised Ex -Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para -meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Criminal Procedure Code has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra -ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever -lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.";