CRM No. M 34168 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 34168 of 2010 Date of decision: 20.01.2011 Jagjit Singh Chahal ........ petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Vikram Chaudhari, Advocate for the petitioner Mr. K S Sidhu, DAG, Punjab for respondent No.1 Mr. Arun K Bakshi, 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. 54 dated 13.06.2010 under Section 420, 465, 467, 468, 471, 120-B of Indian Penal Code, P S Navi Baradari, District Jalandhar (Annexure P1) which was got registered by respondent No. 2 - complainant against the present petitioner on the basis of the compromise dated 15.10.2010 arrived at between the parties. Copy of the compromise deed has been placed on record as Annexure P-2. CRM No. M 34168 of 2010 2 The complainant is present in Court along with his counsel. Reply by way of affidavit of respondent No. 2 has been filed in Court today. The same is taken on record. As per the affidavit, the complainant has no objection if the said FIR is quashed. It is, therefore, apparent that with the intervention of the respectables, friends and colleagues, both the parties have entered into a compromise while putting to an end to all their disputes. 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 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 CRM No. M 34168 of 2010 3 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 deed dated 15.10.2010 as well as reply by way of affidavit of complainant/ respondent No. 2, 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. 54 dated 13.06.2010 under Section 420, 465, 467, 468, 471, 120-B of Indian Penal Code, P S Navi Baradari, District Jalandhar (Annexure P1) and subsequent proceedings arising out the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 20.01.2011 mohan