CRM No. M 9352 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Date of decision: 20.05.2010 1. CRM No. M 9352 of 2010 Jaswinder Singh and others ........ petitioners Versus State of Punjab and another .......Respondent(s) 2. CRM No. M 9353 of 2010 Jarnail Singh and others ........ petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Aman Dhir, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. V D Sharma, Advocate for respondent No. 2 – complainant ( In CRM M 9352 of 2010) -.- 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. 18 dated 26.02.2010 under Sections 452/323/34 of the Indian Penal Code, Police Station Kotbhai, District Muktsar as well as counter version CRM No. M 9352 of 2010 2 given in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of the compromise arrived at between the parties. Brief facts of the case are that a fight took place between the parties on account of drainage water. Thereafter, on the statement of Sukhjeet Kaur (complainant in CRM M 9352 of 2010), the present FIR was registered at Police Station Kot Bhai, District Muktsar on 26.02.2010. Even, a cross case in the aforesaid FIR was also registered vide rapat No. 24 dated 26.02.2010 on the statement of Jaswinder Singh (complainant in CRM M 9353 of 2010). Now, both the aforesaid Sukhjeet Kaur as well as Jaswinder Singh have filed their respective affidavits stating therein that with the intervention of the Panchayat Members and respectable of the village, a compromise has been effected between them. Both the parties are residing in the same village. They have no objection, if the aforesaid FIR as well as cross case and subsequent proceedings arising out of the same are quashed. A copy of the compromise dated 14.03.2010 has been placed on record as Annexure P-3. Separate statements of complainant Sukhjeet Kaur as well as Jaswinder Singh (in cross case) have also been got recorded in the Court to the same effect. Replies by way of Affidavit of Sukhjeet Kaur and Jaswinder Singh have also been filed. 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, CRM No. M 9352 of 2010 3 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:- “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.” Both the cases arise out of the same FIR The dispute involves in the present cases 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 parties have no objection if the said FIR, cross case as well as subsequent proceedings arising out of the same are quashed. In view of the settled position of law, it is a fit case where there CRM No. M 9352 of 2010 4 is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under Section 482 of the Code of Criminal Procedure for quashing of the FIR in the interest of justice to promote peace and harmony. Taking into account the allegations, compromise as well as the statements of the parties and the matter being totally personal in nature, FIR No. 18 dated 26.02.2010 under Sections 452/323/34 of the Indian Penal Code, Police Station Kotbhai, District Muktsar as well as counter version recorded on the basis of statement of Jaswinder Singh in the aforesaid FIR and subsequent proceedings arising therefrom are hereby quashed in the interest of justice. Allowed in the aforesaid terms. A photo copy of this order be placed on the connected file. (Nirmaljit Kaur) Judge 20.05.2010 mohan