A.N.JINDAL,J. - (1.) COUNSEL for the respondent-complainant has stated at Bar that the respondent firm has already received the amount involved in the cheques, as full and final settlement of the loan and it has no objection if the proceedings under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') are quashed.
(2.) IN the light of the above development, no useful purpose would be served with the continue of proceedings filed under Section 138 of the Act as due to compromise, the complainant may not support the allegations and the trial may end into acquittal. It would be a sheer wastage of valuable time of the Court. Under these circumstances, in order to avoid misuse of the process, and also to avoid unnecessary harassment of the parties, it would be expedient in the interest of justice to invoke the provisions of Section 482 of the Code of Criminal Procedure. In this regard, my view is strengthened by the Apex Court decision in case B.S. Joshi and others v. State of Haryana and another, 2003(1) RCR(Crl.) 888 : 2004(1) Apex Crl. 197 (SC) : AIR 2003 Supreme Court 1386, wherein it was observed as under :- "It is thus, clear that Madhu Limaye's case does not lay down any general proposition limiting power of quashing the criminal proceeding or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power."
(3.) WHILE approving the aforesaid view, the Full Bench of our High Court in case Kulwinder Singh and others v. State of Punjab and another, RCR(Crl.) 2007(3) (P&H) (LB) 1052, observed as under :- "The power under Section 482 of the Cr.P.C. 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 Cr.P.C. 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." While putting the facts of the present case on the parameters of the Apex Court as well as Full Bench of this High Court as referred to above, it can safely be viewed that the proceedings arose out of the monetary dispute which has been settled by the parties whereby they have purchased peace and would open new era in the life. The exercise of powers under Section 482 of the Code of Criminal Procedure would free them from the shackles of litigation. The clinching of litigation will uplift their status in the society and would be helpful to maintain and control the social order.;