CRM No. M 2581 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 2581 of 2010 Date of decision: 26.02.2010 Rakesh Kumar etc. ........ petitioners Versus State of Punjab etc. .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S S Rangi, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Jag Nahar Singh, Advocate for the respondent-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. 243 dated 25.12.2009 under Sections 406, 420, 506, 120-B of the Indian Penal Code at Police Station City Khanna, Tehsil Khanna, District Ludhaina against the petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. A separate statement of the complainant has also been CRM No. M 2581 of 2010 2 recorded in the Court to the same effect. As per the allegations in the FIR, the complainant had handed over Rs.2,00,000/- to the petitioners in lieu of the promise made by them that they would send the complainant's son to abroad. But neither the petitioners managed to send the complainant's son abroad nor they returned the money. It is stated by the learned counsel for the petitioners that with the intervention of the respectable persons, the matter has now been resolved between the parties. Both the parties have settled their grievances amicably as per the mutual compromise dated 04.01.2010 (Annexure P-2). An affidavit of the complainant has also been placed on record. In the aforesaid affidavit, it is stated that the complainant has no objection if the said FIR along with subsequent proceeding arising out of the same are 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 CRM No. M 2581 of 2010 3 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:- “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 is a case which 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. Keeping the Criminal proceedings alive will be a futile exercise. Keeping in mind the decision rendered by this Court in the case CRM No. M 2581 of 2010 4 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, the compromise deserves to be accepted. Thus, it would be in the interest of justice to quash FIR No. 243 dated 25.12.2009 under Sections 406, 420, 506, 120_B of the Indian Penal Code at Police Station City Khanna, Tehsil Khanna, District Ludhaina as well as 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 26.02.2010 mohan