CRM No. M 36458 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 36458 of 2010 Date of decision: 14.01.2011 Shyam Lal and another ........ Petitioners Versus State of Haryana and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. G S Sidhu, Advocate for for the petitioners Mr. Sidrath Sarup, AAG, Haryana for the respondent - State Mr. J S Lalli, 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. 100 dated 07.09.2010 (Annexure P1) under Sections 420, 467, 468, 471 and 120-B IPC, registered at Police Station Baragudha, District Sirsa on the basis of the compromise dated 25.11.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. In CRM M 35310 of 2010, arising out of the same FIR, this CRM No. M 36458 of 2010 2 Court vide order dated 14.12.2010 had directed the parties to appear before the trial court on 23.12.2010. The trial Court was also directed to record a finding whether any volunteer compromise has been arrived at between the parties. Now, in pursuance to the said order, the District and Sessions Judge, Sirsa has forwarded the status report furnished by Shri Sukhpreet Singh, JMIC, Sirsa to this Court for kind perusal. The same is taken on record in CRM M 35310 of 2010. According to the said report, the matter has been compromised between the parties and the parties have compromised the matter without any pressure. The compromise between the parties is genuine. 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:- CRM No. M 36458 of 2010 3 “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.” Taking into account the allegations, compromise dated 25.11.2010 as well as the report furnished by the trial court verifying the genuineness of the said compromise (in CRM M 35310 of 2010), 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 said settled proposition of law. . Accordingly, the present petition is allowed and FIR No. 100 dated 07.09.2010 (Annexure P1) under Sections 420, 467, 468, 471 and 120-B IPC, registered at Police Station Baragudha, District Sirsa and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 14.01.2011 mohan