CRM No. M 16979 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 16979 of 2011 Date of decision: 30.05.2011 Mohdiljeet Singh and others ........ Petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Gurinder Singh Gill, Advocate for the petitioner -.- 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? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 103 dated 15.05.2009 under Sections 498-A, 406, 323 IPC, Police Station Patran, District Patiala, which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 18.07.2009 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Notice of motion. At this stage, Ms Gurveen H Singh, Addl. A G Punjab and Mr. Angraze Singh Dhindsa, Advocate accept notice on behalf of respondents No. 1 and 2, respectively. Complainant is also present in Court and has filed her affidavit, CRM No. M 16979 of 2011 2 stating therein, that due to misunderstanding between her and her husband, she got lodged the present FIR. Now, the matter has been compromised and has started living with her husband in her matrimonial house. In her affidavit, she has also stated that she is living happily with her husband and wants to put an end to the present litigation. 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 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 CRM No. M 16979 of 2011 3 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.” In the present case, the parties herein have decided to resolve their matrimonial dispute and decided to live together. Rather, the parties are already residing happily together. Quashing of the FIR will bring the two families together and will also help them to sink their differences. It would also be good for the future of the children. Forgive and forget is the watchword of a happy married life. The parties having decided to live peacefully together will rather result in the advancement of the social justice and promote peace and harmony. Taking into account the allegations, compromise as well as affidavit 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. 103 dated 15.05.2009 under Sections 498-A, 406, 323 IPC, Police Station Patran, District Patiala and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 30.05.2011 mohan CRM No. M 16979 of 2011 4