CRM No. M 36295 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 36295 of 2009 Date of decision: 08.03.2010 Baldev Raj and others ........Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Amardeep Singh Gill, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Krishan Gopal Sehajpal, Advocate for respondents No. 2 and 3 -.- 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. 75 dated 25.04.2007 under Sections 406, 498-A of Indian Penal Code registered at Police Station Adampur, District Jalandhar against the present petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Separate statement of respondents No. 2 – Sarabjit Singh- the complainant CRM No. M 36295 of 2009 2 and respondent No. 3 – Sulanda, the affected party in the present case has also been recorded in the Court to the same effect. Both the aforesaid respondents have also filed their respective affidavits stating therein that they have no objection if the said FIR is quashed. The same are taken on record. As per the allegations in the FIR, the present dispute arises out of matrimonial dispute. Now, the matter has been compromised with the intervention of the respectables of both the parties. Both respondents No.2 and 3 have no objection if the aforesaid FIR is quashed. In their affidavits, it has been stated that they do not want to pursue the matter any more as the same has been compromised amicably. 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 CRM No. M 36295 of 2009 3 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 dispute involved in the present case is purely personal in nature and the compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. In their affidavits, Respondent Nos. 2 and 3 have stated that they have no objection if the said FIR is quashed. Keeping the Criminal proceedings alive will be a futile exercise. Keeping in mind the decision rendered by this Court in the case of Kulwinder Singh as well as the decision rendered by the Hon'ble Supreme Court in the case of Madan Mohan Abbot (supra) as also the facts CRM No. M 36295 of 2009 4 of the present case, the compromise deserves to be accepted. Thus, it would be in the interest of justice to quash FIR No. 75 dated 25.04.2007 under Sections 406, 498-A of Indian Penal Code registered at Police Station Adampur, District Jalandhar as well as proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 08.03.2010 mohan