CRM No. M 31490 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 31490 of 2009 Date of decision: 15.12.2009 Nachhatar Singh and others ........ petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Amit Mehta, Advocate for for the petitioners Mr. Anupinder Singh Grewal, additional Advocate General, Pb for the respondent- State Ms Ramandeep Kaur, Advocate for respondent 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. 153 dated 07.09.2009 registered under Sections 452/336/427/506/148/ 149 of Indian Penal Code at Police Station Sidhwan Bet, District Ludhiana 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 CRM No. M 31490 of 2009 2 of the complainant has also been recorded in the Court to the same effect. It would be relevant to note the facts of the present case. As per the FIR, petitioners No. 5 and 6 are students of LRM College, Jagraon. Due to some dispute over the post of President in the College elections, some altercation took place and the petitioners were unnecessarily involved in this case. The aforesaid FIR was got registered against them by respondent No. 2 on 26.10.2009. Now, due to the intervention of the respectables, a compromise has been effected between the parties. 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 CRM No. M 31490 of 2009 3 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 case is a case involving young students. No one was injured in the said incident. It is evident from the above that since the matter has already been compromised between the parties, the chances of conviction of the petitioners are almost nil. The said compromise has been arrived at without any pressure. The complainant has no objection if the said FIR is quashed. 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. 153 dated 07.09.2009 registered under Sections 452/336/427/506/148/ 149 of Indian Penal Code at Police Station Sidhwan Bet, District Ludhiana and the further CRM No. M 31490 of 2009 4 proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society. Accordingly, the aforesaid FIR and the further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge December 15, 2009 mohan