CRM M 25214 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM M 25214 of 2010 Date of decision: 16.12.2010 Sarbjit Singh and others ........ petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sanjay Gupta, Advocate for the petitioners Mr. P S Bajwa, DAG, Punjab for the respondent Mr. K S Dadwal, 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. 37 dated 29.06.2010 under Sections 452, 323, 324, 341, 506, 148, 149 of Indian Penal Code, Police Station Mantiana, Hoshiarpur (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 25.07.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. CRM M 25214 of 2010 2 Complainant-Jaswinder Kumar is present in court today along his counsel. Reply filed by way of affidavit of the complainant in Court today is taken on record. As per the said reply, with the intervention of the Gram Panchayat and respectable of the villages, the matter has been compromised and the complainant has no objection if the FIR is quashed. In the present case, on the statement of Jaswinder Kumar son of Sohan Lal, the said FIR was registered against the present petitioners. Now, the misunderstanding between both the parties have been removed. The said Jaswinder Kumar has no objection if the said 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.” 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 M 25214 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 affidavit of the complainant, 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. 37 dated 29.06.2010 under Sections 452, 323, 324, 341, 506, 148, 149 of Indian Penal Code, Police Station Mantiana, Hoshiarpur (Annexure P-1) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 16.12.2010 mohan