CRM No. M 23972 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 23972 of 2010 Date of decision: 23.09.2010 Deepak and others ........ Petitioners Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Neeraj Bhutani, Advocate for for the petitioners Mr. Vikram Jain, Addl. AG, Haryana for the respondent- State Mr. Vikas P Singh, 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. 207 dated 28.8.2008 under Sections 365, 379, 341, 427, 506, 285 of Indian Penal Code and Sections 25, 54, 59 of Arms Act, PS Meham, District Rohtak (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. Copy of the same is placed on record as CRM No. M 23972 of 2010 2 Annexure P-2. A separate statement of the complainant is also got recorded in the Court to the same effect. It would be relevant to note the facts of the present case. There was a dispute between the parties with regard to disbursement of prize money in the Ragni Program, which led into lodging of FIR by respondent No. 2 against the petitioners. However, with the intervention of respectable of the society, the matter has since been compromised amicably vide compromise deed dated 28.07.3020, copy whereof is placed on record as Annexure P-2. 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 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 CRM No. M 23972 of 2010 3 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 has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. Taking into account the allegations as well as the statement of the complainant, there is no impediment in the way of this Court to quash the present FIR in view of the above settled proposition of law. Accordingly, FIR No. 207 dated 28.8.2008 under Sections 365, 379, 341, 427, 506, 285 of Indian Penal Code and Sections 25, 54, 59 of Arms Act, PS Meham, District Rohtak (Annexure P-1) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 23.09.2010 mohan