CRM No. M 29709 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 29709 of 2010 Date of decision: 07.10.2010 Sandeep Pal Singh ........ Petitioner Versus State of U T Chandigarh and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. H S Bhullar, Advocate for for the petitioner None for respondent No.1 Mr. K S Chahal, Advocate for 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? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.134 dated 20.04.2010, under sections 342, 323, 506, 34 of Indian Penal Code, Police Station Sector 34, Chandigarh (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioner on the basis of the compromise dated 03.10.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Notice of motion. At this stage, Mr. Karamjit Singh Chahal, Advocate appeared CRM No. M 29709 of 2010 2 and accepted notice on behalf of the complainant/respondent. The parties are also present in Court today. It is stated that the matter has been compromised between the parties vide compromise deed dated 03.10.2010 (P-2). In pursuance thereto, the gold ornaments stand returned and an amount of `8.50/-lacs in the form of Demand Draft bearing No.533946 dated 04.10.2010 issued by UCO Bank has been handed over to the learned counsel for the respondent/complainant in Court today. Photo copy of the same is also placed on record. Separate statements of the complainant as well as the petitioner to the same effect have also been got recorded in the Court. In their statements, they have stated that they shall be bound by the terms and condition of the said compromise. Thus, the entire matter has been settled. It is a matrimonial dispute. Full and final amount towards permanent alimony has been paid to the complainant in Court today. Now, no further claim is pending against the present petitioner. 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 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 482 of the Cr.P.C. 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 CRM No. M 29709 of 2010 3 can safely be dealt with by the court exercising its power under Section 482 of the Cr.P.C 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. State of Punjab' 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 has no objection if the said FIR is quashed. Taking into account the compromise, statements of the parties and also the fact that the entire payment has been made to 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, FIR No.134 dated 20.04.2010 under sections 342, 323, 506, 34 of Indian Penal Code, Police Station Sector 34, Chandigarh CRM No. M 29709 of 2010 4 (Annexure P-1) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 07.10.2010 mohan