CRM No. M 34428 M 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 34428 M 2010 Date of decision: 21.12.2010 Mukha ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Harsh Bunger, Advocate for the petitioner Mr. Munish Kumar, AAG, Punjab for the respondent - State Mr. Pankaj Mahavir Chauhan, Advocate for respondent No. 2 to 7 -.- 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. 6 dated 14.01.2010 registered at Police Station Division No. 5 Jalandhar under Sections 452, 323, 324, 427, 148, 149 of Indian Penal Code and Section 326 IPC added vide Rapat No. 22 dated 18.01.2010 on the basis of compromise dated 20.11.2010 arrived at between the parties. Copy of the compromise deed is appended with the petition as Annexure P2. Respondent Nos. 2 to 7 are present in court along with the CRM No. M 34428 M 2010 2 counsel. They have filed their respective affidavits in Court today, stating therein, that with the intervention of the respectables and relatives of both the side, the matter has been compromised and have no objection if the said FIR is quashed. The same are taken on record. Vide order dated 23.11.2010, the trial Court was directed to send a report qua the validity of the compromise after recording the statements of all the concerned parties. In pursuance thereto, the District and Session Judge, Jalandhar has forwarded the report of the the trial court. As per the said report, the parties have compromised the matter. 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 No. M 34428 M 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.” Taking into account the allegations, compromise deed dated 23.02.2010, affidavits of respondents No. 2 to 7 filed ini the Court as well as the report of the trial Court dated 20.12.10, 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. 6 dated 14.01.2010 registered at Police Station Division No. 5 Jalandhar under Sections 452, 323, 324, 427, 148, 149 of Indian Penal Code and Section 326 IPC added vide Rapat No. 22 dated 18.01.2010 and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 21.12.2010 mohan