CRM No. M 27029 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 27029 of 2009 Date of decision: 16.08.2010 Manohar Singh and others ........Petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S S Katnoria, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Sharwan Sehgal, Advocate for respondent No. 2 and 3 -.- 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 27.07.2009 under Sections 420/34 of Indian Penal Code, Police Station Model Town, Ludhiana (Annexure P26) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 28.01.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-34. CRM No. M 27029 of 2009 2 A copy of statement of Ramandeep Singh Kaler suffered before the Additional District Judge on 06.02.2010 in a matrimonial case has also been placed on record as Annexure P-35 wherein, complainant-Ramandeep Singh Kaler has stated that he was married to Jagdeep Kaur on 19.03.2008 according to Sikh rites and ceremonies at Mohali. Due to some differences between them, he got registered the present FIR against his wife, father-in- law Manohar Singh, mother-in-law Balwinder Kaur and brother-in-law Mohan Sukhdeep Singh. Now, with the intervention of respectable a compromise has been reached. As per the terms of the compromise, everything has been settled and nothing is outstanding against each other. A separate statement of complainant-Ramandeep Singh Kaler is also got recorded in the Court stating therein that with the intervention of the relatives and friends, the matter has been compromised vide compromise deed dated 28.01.2010 and he has no objection if the aforesaid FIR is quashed. Statement of Jasbir Singh (respondent No. 3) father of respondent No. 2 to the same effect is also got recorded in Court today. 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 CRM No. M 27029 of 2009 3 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.” The present dispute arises out of matrimonial dispute. The said compromise has been arrived at between the parties without any pressure. The complainant and his father respondent No. 3 have no objection if the said FIR is quashed. Taking into account the allegations, the statement of the complainant and his father, 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 well settled above proposition of law. Accordingly, FIR No.153 dated 27.07.2009 under Sections CRM No. M 27029 of 2009 4 420/34 of Indian Penal Code, Police Station Model Town, Ludhiana (Annexure P26) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 16.08.2010 mohan