CRM No. M 28899 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 28899 of 2011 Date of decision: 16.02.2012 M/s [ENTITY] and another Petitioners Versus [ENTITY] and another Respondent(s) Coram: Hon'ble Ms Justice [ENTITY] -.- Present: Mr. KDS Hooda, Advocate for the petitioners Mr. [ENTITY], DAG, Haryana Mr. [ENTITY], Advocate for legal heirs of respondent No. 2 - complainant -.- 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. 127 dated 30.07.2010 under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], PS Badshapur, District Gurgaon, Haryana which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 29.08.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.
It is stated by the learned counsel for the respondent No. 2 that complainant/respondent No. 2 has since died. On the oral request of learned counsel for respondent No. 2, legal heirs of respondent No. 2, who are present in the Court today, are ordered to be impleaded as respondent Nos. 3 to 11.
Memo of parties be amended accordingly.
Notice to newly added respondents No. 3 to 11. Mr. [ENTITY], Advocate accepts notice of behalf of respondent Nos. 3 to 11 and have filed the affidavits of the newly added respondents. The same are taken on record. In the said affidaivts, all the respondents, in unison manner, have stated that FIR No. 127 of 2010 under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], PS Badshpaur, was got registered by their father. Since the matter has been compromised, they have no objection if the said FIR is quashed.
The Full Bench of this Court in the case of [PRECEDENT] 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 '[PRECEDENT] 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 affidavits of the legal heir of the complainant, 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. 127 dated 30.07.2010 under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], PS Badshapur, District Gurgaon, Haryana and subsequent proceedings arising out of the same are hereby quashed.
Allowed in the aforesaid terms.
([ENTITY]) Judge 16.02.2012 mohan