CRM No. M 8544 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 8544 of 2011 Date of decision: 31.05.2011 Surinder Kumar alias Billa and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Ms Deipa Asdhir Dubey, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondents -.- 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. 24 dated 21.03.2006 under Section 341, 323, 324, 34 IPC as well as rapt No. 17 dated 21.03.2006 registered in a cross case at P S Morinda District Ropar on the basis of the compromise dated 16.03.2011 arrived at between the parties. Copies of the same have been placed on record as Annexures P-3 and P4, respectively. It is a case of version and cross version. The present petition has been filed jointly by the petitioners and the accused as well. CRM No. M 8544 of 2011 2 In the present case, the said FIR was got registered by Khajan Chand – petitioner No. 4, who has since been died. The name of petitioner No. 4 has been deleted from the memo of parties vide order dated 22.03.2011. Des Raj petitioner No. 5 and Dharma petitioner No. 6 are the sons of complainant Khajan Chand. In the said FIR, a cross case has also been registered on the statements of petitioners No. 1 to 3. Petitioners No. 1, 2, 3, 5 and 6 are present in Court along with the counsel. Learned counsel for the petitioners states that the matter has been amicably resolved between the parties and they have no objection if the said FIR as well as cross case is quashed. 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 CRM No. M 8544 of 2011 3 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.” Taking into account the allegations as well as the fact that the matter has been compromised between the parties, there is no impediment in the way of this Court to quash the present FIR as well as cross case 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. 24 dated 21.03.2006 under Section 341, 323, 324, 34 IPC as well as rapt No. 17 dated 21.03.2006 registered in a cross case at P S Morinda District Ropar and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 31.05.2011 mohan