CRM No. M 20459 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 20459 of 2010 Date of decision: 25.08.2010 Gurcharan Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Ranjodh Singh Sidhu, 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. 54 dated 15.06.2010 under sections 353, 186, 427, 506, 148, 149 of Indian Penal Code, Police Station Mehna, District Moga was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 14.07.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-1. A separate CRM No. M 20459 of 2010 2 statement of the complainant to the same effect is also got recorded in the Court. Complainant Kulwant Rai has also filed his reply by way of affidavit stating therein that he has no objection if the FIR is quashed. The same is taken on record. As per the allegations in the FIR, when the complainant Kulwant Rai went to village Bhinder Khan in order to check the cleanliness of the village pond, the present petitioners attacked him with dangs and Sua etc. Resham Singh deflated the left front tyre of the tractor with Sua, whereas, Gurcharan Singh raised lalkara that they be taught a lesson for cleaning the village pond. They obstructed the work, hurled brick bats and threatened the complainant. Now, with the intervention of the respectables, the matter has been compromised. 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 20459 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 is at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. Taking into account the allegations, affidavit as well as the statement 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 said settled proposition of law. Accordingly, the present petition is allowed and FIR No. 54 dated 15.06.2010 under sections 353, 186, 427, 506, 148, 149 of Indian Penal Code, Police Station Mehna, District Moga and further proceedings arising out of the same are hereby quashed. (Nirmaljit Kaur) Judge 25.08.2010 mohan