Crl. M. No. M-34493 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. M. No. M-34493 of 2009 Date of Decision: 20.07.2010 Narinder Kumar and others .... Petitioner Versus Rekha Chatrath .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr.L M Gulati, Advocate for the petitioners Ms Alka Chatrath, Advocate for the respondent -.- 1. Whether Reporters of Local Newspapers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgement should be reported in the Digest? NIRMALJIT KAUR, J. (Oral) The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of complaint No. 378 dated 13.09.2004 titled as Rekha Chatrath v. Narinder Kumar Jolly and others (Annexure P1) under Sections 498-A/406 of Indian Penal Code pending in the Court of Shri Hira Singh, learned Sub Divisional Judicial Magistrate, Batala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties before the Medication and Conciliation in FAO No. 191-M of 2008. Learned counsel for the parties have submitted that the matter has been compromised between the parties before the Mediation and Crl. M. No. M-34493 of 2009 2 Conciliation Centre in FAO No. 191-M of 2008. Separate statement of the complainant is also got recorded in the Court stating therein that the matter has been compromised and she has no objection if the aforesaid complainant and subsequent proceedings arising thereof are quashed. In her statement, she has also stated that as per the compromise, the last instalment has also been paid to her. 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.” In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:- “ We need to emphasise 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 Crl. M. No. M-34493 of 2009 3 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 disputes arises out of matrimonial dispute. The same has not been compromised between the parties. The complainant has no objection if the aforesaid Complaint is quashed. Taking into account the allegations made in the FIR, the statements made by the complainant in Court to the effect that the matter has been compromised before the Mediation and Conciliation and she has no objection if the aforesaid complaint is quashed, 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 settled proposition of law. Accordingly, the instant petition is allowed and complaint No. 378 dated 13.09.2004 titled as Rekha Chatrath v. Narinder Kumar Jolly and others (Annexure P1) under Sections 498-A/406 of Indian Penal Code pending in the Court of Shri Hira Singh, learned Sub Divisional Judicial Magistrate, Batala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. 20.07.2010 ( NIRMALJIT KAUR ) mohan JUDGE