The court can quash criminal proceedings based on a genuine and voluntary compromise between the parties to prevent abuse of process of law and secure the ends of justice.

JUDGMENT

Sanjay Vashisth, J. - Present petition under Section 482, Cr.P.C., has been filed by Rekha Yadav, for quashing of FIR No. 007, dated 11.01.2019 (Annexure P-1), for the offence punishable under Section 380 IPC, registered at Police Station Gurugram City, District Gurugram, and all the consequential proceedings arising therefrom, on the basis of compromise dated 24.01.2020 (Annexure P-2).

2. Vide order dated 30.01.2020, the affected parties were directed to appear before learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard.

3. In compliance thereof, the affected parties did appear before learned Chief Judicial Magistrate, Gurugram, and got recorded their respective statements with regard to the compromise. The operative part of the report received from learned Court below is as under:-

'(I) There is only one victim/complainant in the present case of FIR namely Madhu Gupta wife of Vinjay Kumar Gupta R/o House No. 12, Friends Colony, Jharsa Road, Gurugram.

(ii) Only one person namely Rekha Yadav wife of Shri Ram R/o H. No. 005, Suman ka Makan, Patel Nagar, Gurugram (Hry.) and Permanent addressChuchakwas, District Jhajjar (Hry.) arrayed as accused in the present FIR.

(iii) She has verified that accused Rekha Yadav is not a proclaimed offender.

(iv) She has also verified that accused Rekha is not involved in any other case.

(v) The stage of the present case is of prosecution evidence.

3. In view of statement, undersigned would like to submit that the compromise has been arrived between the parties amicably and same is genuine, voluntarily and without any coercion and undue influence. Besides this, undersigned would like to submit that there is only one accused namely Rekha wife of Shri Ram involved in this case and she is not a proclaimed offender in this case and she is not involved in any other case. The present case is fixed at the stage of prosecution evidence.'

4. Learned counsel for the petitioner urged that due to intervention of the respectable and elderly people of the society, the matter has been resolved and the private parties have effected a compromise dated 24.01.2020 (Annexure P-2). At present, there remains no dispute amongst the private parties. He further submits that in view of the compromise so effected between the private parties, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law.

5. Learned counsel for the State after going through the statements and the report received from learned Court below, very fairly admits that the private parties have resolved their dispute and effected a compromise. He further submits that he has no objection if the impugned FIR and all the consequential proceedings are quashed on the basis of the compromise.

6. The Full Bench of this Court in the matter of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has observed as under:

'(28) To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e.,

"to prevent abuse of the process of any Court" or "to secure the ends of justice'.

(29) In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words:

'The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.'

(30) 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