CRM No. M 35078 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 35078 of 2010 Date of decision: 28.01.2011 Rana Pardeep Kumar Sharma ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Bipan Ghai, Senior Advocate Mr. Vinod Ghai, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab Mr. R K Gupta, 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. 6 dated 16.01.2010 under Sections 498-A, 406, 34 of Indian Penal Code, Police Station Sadar Moga now Police Station Mehna District Moga (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise/affidavit dated 25.11.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-4. The complainant is present in Court along with his counsel. He has also filed his affidavit in Court today, stating therein, that aforesaid FIR CRM No. M 35078 of 2010 2 was got registered by him. Now with the sincere efforts and intervention of the relatives and friends and also with a view to revive the harmonious, cordial and peaceful atmosphere, a compromise has been arrived at between the parties. The complainant no objection if the said FIR is quashed. In the present case, the said FIR was got registered by Parshotam Kumar, father of Amandeep Kaur for offence under Sections 406, 498-A, 34 IPC. After investigation, the police submitted challan against the petitioners for offence under Section 406, 498-A, 34 of Indian Penal Code. Now the matter has been amicably resolved and the complainant do not want to pursue the above mentioned case. To that effect, he also filed affidavit in Court today. 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 35078 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 as well as affidavit of the complainant, 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. 6 dated 16.01.2010 under Sections 498-A, 406, 34 of Indian Penal Code, Police Station Sadar Moga now Police Station Mehna District Moga (Annexure P-1) and subsequent proceedings arising out the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 28.01.2011 mohan