CRM No. M 18694 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 18694 of 2010 Date of decision: 07.12.2010 Simranjit Singh and ors .......Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Chanchal K Singla, Advocate for Mr. R S Randhawa, Advocate for for the petitioners Mr. P S Paul, DAG, Punjab for the respondent- State Mr. Rajesh Dhiman, 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. 39 dated 27.02.2009 under Section 382, 323, 341, 34 IPC Police Station Salem Tabri, Ludhiana (later on offence under Section 382 was dropped) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. Affidavit of Mukesh Gautam-complainant to that effect has been filed in Court today, stating therein that with the intervention of the relatives and respectables, the matter has been compromised and he has no objection CRM No. M 18694 of 2010 2 if the said FIR is quashed. Petitioners as well as complainant are present in Court today along with their respective counsel. Facts of the case are that the said FIR was registered on the statement of respondent No. 2. After recording of the statement of the complainant with respect to the compromise, the Investigating Officer prepared an untraced reported dated 30.07.2009. Thereafter, an application for discharge of the petitioners/accused was also moved in the Court of JMIC, Ludhiana. But the same was declined by the learned JMIC and re- investigation was orderred. Now, complainant, who is present in Court has filed his affidavit stating therein that the said dispute has been amicably resolved and he has no objection if the said FIR 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.” CRM No. M 18694 of 2010 3 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 said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. It is stated by the learned counsel for the State that Section 382 IPC stands dropped Taking into account the allegations as well as the affidavit of the complainant as well as the fact that at one stage untraced report was filed and Section 382 has also been dropped meanwhile, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in the above settled proposition of law. Accordingly, the present petition is allowed and FIR No. 39 dated 27.02.2009 under Section 382, 323, 341, 34 IPC Police Station Salem Tabri, Ludhiana (later on offence under Section 382 was dropped) and CRM No. M 18694 of 2010 4 further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 07.12.2010 mohan