Allowed

Darshan Pal Toora and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC23 May 2012CRM-M/12827/2012

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR under Sections 498-A and 406 IPC based on a compromise between parties. The Court relied on precedents allowing quashing in matrimonial disputes despite non-compoundability to uphold social harmony and save judicial time.

What did the court decide?

FIR No.211 and all subsequent proceedings registered under Sections 498-A, 406, 420, and 506 IPC are quashed.

Darshan Pal Toora and Ors. Vs State of Punjab and… — Cheque Dishonour | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-12827 of 2012 Date of Decision:23.5.2012

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Darshan Pal Toora and others

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.... Petitioners

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Versus

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State of Punjab and another

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. Liaqat Ali, Advocate for the petitioners. Mr. Kirat Singh Sidhu, D.A.G. Punjab. Mr. Ashwani Gaur, Advocate for respondent No.2.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.211 dated 6.10.2009 registered under Sections 498-A/406/420/506 IPC at Police Station Sadar Phagwara, District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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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-2) has also been placed on record in this regard.

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The parties are present in the Court through 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, his daughter Geeta Toora

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-2-

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CRM M-12827 of 2012

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alongwith her husband namely Dharmender Toora is living happily at Brampton in Canada. As such, he has no objection if the FIR in question is quashed.

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The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 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 Cr.P.C. 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:-

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“ 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.”

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In the case of Madan Mohan Abbot v. State of Punjab

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2008(4) S.C. Cases 582, the Apex Court emphasised and advised as under:-

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“ We need to emphasise that it is perhaps advisable that in disputes where the question

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CRM M-12827 of 2012 -3-

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involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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Taking into account that the compromise has been effected between the parties and the affidavit of respondent No.2 stating that he has no objection if the FIR is quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.211 dated 6.10.2009 registered under Sections 498A/406/420/506 IPC at Police Station Sadar Phagwara, District Kapurthala and all subsequent proceedings arising therefrom are hereby quashed.

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23.5.2012 rajeev

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( NIRMALJIT KAUR ) JUDGE

Darshan Pal Toora and Ors. v. State of Punjab and Anr.

Case brief

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Darshan Pal Toora and Ors. v. State of Punjab and Anr.

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