CRM No. M 20926 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 20926 of 2011 Date of decision: 12.01.2012 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondent(s) Coram: Hon'ble Ms Justice [ENTITY] -.- Present: Mr. [ENTITY], Advocate for the petitioners Mr. [ENTITY], DAG, Punjab -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? [ENTITY], J. (Oral)
This is a petition under [SECTION] [ACT] for quashing of FIR No. 191 dated 25.09.2007 under [SECTION], [SECTION], [SECTION] [ACT] Police Station B Division, Amritsar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise/petition under [SECTION] of the [ACT] filed by petitioner No. 1 and respondent No. 2 for dissolution of marriage by way of decree of divorce through mutual consent. Copy of the same has been placed on record as Annexure P-2.
Vide this Court's order dated 21.10.2011, the parties were directed to appear before the trial court on 03.12.2011 and trial Court was also directed to record a finding whether any volunteer compromise has been arrived at between the parties or not.
In pursuance of the said order, now, the trial Court vide its report dated 10.01.2012 reported that the matter has been compromised and the complainant has no objection if the said FIR is quashed.
Since the parties have amicably compromise the matter, no useful purpose would be served with continuance of the criminal proceedings.
The Full Bench of this Court in the case of Kulwinder Singh and others v. [ENTITY] and another-2007(3) RCR (Criminal) 1052 has observed as under:-
"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] of the [ACT] is used to enhance such a compromise which, in turn, enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the court exercising its power under [SECTION] of the [ACT] in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power."
The Apex Court in the case of 'Madan Mohan Abbot v. [ENTITY]' reported as (2008)4 SCC 582 emphasised in para No. 6 as follows:-
"6. We need to emphasize that it is perhaps advisable that in disputes where the question 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."
Taking into account the allegations, compromise as well as report of the trial Court, admitting the factum of compromise between the parties, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above said settled proposition of law.
Accordingly, the present petition is allowed and FIR No. 191 dated 25.09.2007 under [SECTION], [SECTION], [SECTION] [ACT] Police Station B Division, Amritsar (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed.
Allowed in the aforesaid terms.
([ENTITY]) Judge 12.01.2012 mohan