CRM No. M 38095 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 38095 of 2010 Date of decision: 11.02.2011 Ravinder Singh alias Raju and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Krishan Sehajpal, Advocate for the petitioners Mr. J S Brar, AAG, Punjab for the respondent - State None 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. 91 dated 24.09.2003 under Sections 427, 323, 452, 380, 324, 34 of Indian Penal Code, P S Lambra, District Jalandhar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 09.01.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Vide order dated 24.12.2010, the parties were directed to CRM No. M 38095 of 2010 2 appear before the trial Court on 05.01.2011. The trial Court was also directed to record a finding whether the parties have arrived at a volunteer compromise or not. In pursuance to the same, the Judicial Magistrate Ist Class, Jalandhar, vide letter dated 17.01.2011 has submitted his report, stating therein that complainant Parkash Singh appeared before him and suffered statement that he has compromised with the accused and he do not want to proceed any more against the accused. From the above, it is amply clear that the complainant has compromised with the accused person out of his own free will and without any pressure and he do not want to pursue the said FIR. 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:- CRM No. M 38095 of 2010 3 “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 allegations, compromise dated 09.10.2010 as well as report of the Judicial Magistrate Ist Class, Jalandhar, verifying the genuineness of the said compromise, 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. 91 dated 24.09.2003 under Sections 427, 323, 452, 380, 324, 34 of Indian Penal Code, P S Lambra, District Jalandhar (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 11.02.2011 mohan