CRM M-36836 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM M-36836 of 2009 Date of Decision:16.7.2010 Ajmer Singh @ Shera .... Petitioner Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. M.S. Bajwa, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. B.S. Sra, Advocate for respondent No.2. **** 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) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.62 dated 22.05.1996 registered under Sections 323/325/148/149 IPC at Police Station Phillaur, District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Reply by way of affidavit of KJS Dhillon, PPS, Superintendent of Police, Phillaur, District Jalandhar on behalf of respondent No. 1 is filed, stating therein that the petitioner is a proclaimed offender. Thereafter, the petitioner appeared before the Sub Divisional Judicial Magistrate, Phillaur on 28.6.2010 and is released on bail on his furnishing bail bonds. As the petitioner has since surrendered before the trial Court, CRM M-36836 of 2009 2 there is no impediment in the way of this Court to take up the present quashing petition on the basis of compromise. The FIR in question was registered by respondent No.2. The co-accused of the petitioner has since been acquitted. Now, respondent No.2 has compromised the matter with the petitioner. Compromise deed has also been placed on record as Annexure P-2. Statement of respondent No.2-complainant to the same effect is also separately got recorded by him in the Court. In his statement, Respondent No.2-complainant, submitted that the matter has been compromised and he has no objection if the aforesaid FIR is quashed. 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:- CRM M-36836 of 2009 3 “ 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 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.” In the present case, the matter has been compromised. The said compromised is arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. Taking into account the statement of the complainant and the matter being totally personal in nature, there is no impediment in the way of the 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 present petition is allowed and FIR No.62 dated 22.05.1996 registered under Sections 323/325/148/149 IPC at Police Station Phillaur, District Jalandhar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 16.7.2010 ( NIRMALJIT KAUR ) mohan JUDGE