CRM No. M 19314 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 19314 of 2010 Date of decision: 16.05.2011 [ENTITY] and others Petitioner Versus [ENTITY] and others Respondent(s) Coram: Hon'ble Ms Justice [ENTITY] -.- Present: Mr. [ENTITY], Advocate for the petitioners Ms [ENTITY], AAG, Punjab Mr. [ENTITY], Advocate for respondent No. 2 and 3 -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? [ENTITY], J. (Oral)
This is a petition under [SECTION] [ACT] for quashing of FIR No. 56 dated 18.04.2009 under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] ([SECTION] [ACT] added later on) P S Haibowal Ludhiana City, District Ludhiana which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 06.04.2010/07.04.2010 arrived at between the parties. Copies of the same have been placed on record as Annexures P-2 and P3.
The complainant as well as the injured are present in Court along with their counsel. Both respondents No. 2 and 3 have filed their affidavit in Court today, stating therein, that the matter has been compromised and they have no objection if the FIR is quashed.
In the present case, FIR was got registered by respondent No. 2, whereas respondent No. 3 is the injured. The parties belong to the same locality and are neighbourer. Now, the matter has been amicably resolved between them. Respondents No. 2 and 3 do not want to pursue the litigation any more.
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."
The said compromise has been arrived at between the parties without any pressure. The complainant as well as the injured have no objection if the said FIR is quashed.
Taking into account the allegations, compromise as well as affidavits of the complainant and the injured, 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. 56 dated 18.04.2009 under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] ([SECTION] [ACT] added lateron) P S Haibowal Ludhiana City, District Ludhiana and subsequent proceedings arising out of the same are hereby quashed.
Allowed in the aforesaid terms.
([ENTITY]) Judge 16.05.2011 mohan