CRM No. M 30601 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 30601 of 2009 Date of decision: 22.04.2010 Mubarak Singh ........ Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. D S Pheruman, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. S S Chambyal, 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. 163 dated 23.09.2007 under Section 420/467/468/471/465/120-B of Indian Penal Code, Police Station Ajnala, District Amritsar (Annexure P-3) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 22.01.2010 having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-4. Respondent No. 2 is the President of Shri Devi Dwara and Bhua Punni Welfare Society (regd.) on whose behalf the above said FIR has CRM No. M 30601 of 2009 2 been registered against the petitioner. The said Society passed resolution No. 12 authorising Gur Krishan Sarpal-respondent No. 2 to make a statement before this Court or to effect compromise in the matter. A Photostat copy of the resolution duly attested and translated version thereof has been placed on record. As per the compromise deed (Annexure P-4), the matter has been compromised with the present petitioner. A separate statement of the complainant to the same effect has also been got recorded in the Court. As per the allegations in the FIR, the present petitioner and his acomplices in connivance with each other hatched a conspiracy and created a forged Society with a view to usurp the land belonging to the Society.Respondent No. 2 - President of the Society lodged the present FIR against the petitioner. 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 30601 of 2009 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 present dispute 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. The complainant has no objection if the said FIR is quashed. Taking into account the allegations, Resolution passed by the Society, statement of the complainant and the matter being totally personal in nature, 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 settled propositions of law. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge CRM No. M 30601 of 2009 4 22.04.2010 mohan