CRM No. M 24770 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 24770 of 2009 Date of decision: 17.12.2009 Ratti Khan and another ........ petitioners Versus State of Haryana and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sarfraj Hussain, Advocate for for the petitioners Mr. Deepak Jindal Deputy Advocate General, Haryana for the respondent- State Mr. Amardeep Hooda, Advocate for the 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. 410 dated 21.10.2008 under Section 406, 34 IPC at Police Station Sohna, District Gurgaon against the present petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. A separate statement of the complainant has also been recorded in the Court to the same effect. The CRM No. M 24770 of 2009 2 complainant Sahabuddin son of Abdul Rehman has also filed his affidavit dated 17.12.2009 stating that he has no objection if the F.I.R is quashed. The same is taken on record. It would be relevant to note the facts of the present case. The only allegation in the FIR is that the petitioners had refused to return the Tractor and the Compressor to the complainant in spite of the various requests and reminders. It is stated that the petitioners and the complainants are relatives and the matter has since been compromised with the intervention of the respectables of the village. 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 CRM No. M 24770 of 2009 3 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 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 present is a case which is purely personal in nature and the compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. The parties are relatives of each other. The complainant has no objection if the said FIR is quashed. Keeping the Criminal proceedings alive will be a futile exercise. Keeping in mind the decision rendered by this Court in the case of Kulwinder Singh as well as the decision rendered by the Hon'ble Supreme Court in the case of Madan Mohan Abbot (supra) as also the facts of the present case, the compromise deserves to be accepted. Thus, it would be in the interest of justice to quash FIR No. 410 dated 21.10.2008 under Section CRM No. M 24770 of 2009 4 406, 34 IPC at Police Station Sohna, District Gurgaon as well as proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge December 17, 2009 mohan