CRM No. M 6562 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 6562 of 2010 Date of decision: 05.03.2010 Ajay Kumar ........ petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Atul Jain, Advocate for for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Robin Dutt, Advocate for respondents No. 2 -.- 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. 41 dated 27.01.2010 under Section 420 of Indian Penal Code registered at Police Station Kotwali Patiala, District Patiala against petitioner-Ajay Kumar on the basis of the compromise having been arrived at between the parties. As per allegations in the FIR, the present petitioner had CRM No. M 6562 of 2010 2 cheated complainant-Rohit Kumar Bansal of Rs.5,00,000/- on account of a plot in question to be sold to the complainant/respondent No. 2. However, subsequently, it came to the notice of the complainant that the plot in question did not belong to the petitioner. Now, the matter has been compromised. Complainant Rohit Kumar Bansal also made a statement before the Additional Sessions Judge Patiala to the effect that the matter has been compromised with the accused Ajay Kumar. An affidavit has also been filed by the complainant stating therein that he does not wish to pursue the said FIR. A separate statement of the complainant to the same effect has also been got recorded in the Court. 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 CRM No. M 6562 of 2010 3 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 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 totally personal in nature. Taking into account the allegation in the FIR, affidavit as well as statement of the complainant recorded separately, there is no likelihood of the conviction of the petitioner and allowing the proceedings to go on will be a futile exercise. Keeping in mind the decision rendered by this Court in the case of Kulwinder Singh as well as the decision rendered by the Hon'ble Supreme Court in the case of Madan Mohan Abbot (supra) as also the facts of the present case, it would be in the interest of justice to quash FIR No. 41 dated 27.01.2010 under Section 420 of Indian Penal Code at Police CRM No. M 6562 of 2010 4 Station Kotwali Patiala, District Patiala as well as further proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 05.03.2010 mohan