CRM No. M 32897 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 32897 of 2010 Date of decision: 13.05.2011 Ajit Pal Bhullar and others ........ Petitioners Versus State of Punjab and other .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Vipin Mahajan, Advocate for the petitioners Mr. J S Brar, AAG, Punjab Mr. Baljinder Singh, Advocate for respondent No. 2 and 3 -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment 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. 85 dated 02.09.2010, under Section 498-A, 406 IPC, Police Station Jaito District Faridkot (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 has been placed on record as Annexure P-2. The complainant is present in Court along with his counsel. He CRM No. M 32897 of 2010 2 filed his short reply by way of affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now, the matter stands compromised between the parties. It is also mentioned in the affidavit that respondent No. 3 i.e. sister of respondent No. 2 is settled abroad and has amicably resolved the matrimonial dispute with petitioner No.1 – husband and has no objection if the said FIR is quashed. Short reply by way of affidavit of Jagtar Singh who is special power of attorney holder of Hardip Kaur- respondent No. 3 has also been filed, stating therein, that the matter has been compromised. 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 emphasized in para No. 6 as follows:- “6. We need to emphasize that it is perhaps CRM No. M 32897 of 2010 3 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 utilized 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, compromise as well as affidavit of the complainant and special power of attorney holder of respondent No. 3, 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. 85 dated 02.09.2010, under Section 498-A, 406 IPC, Police Station Jaito District Faridkot (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 13.05.2011 mohan