CRM No. M 23145 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 23145 of 2010 Date of decision: 30.09.2010 Vikas Gandhi and others ........ Petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Karamjit Verma, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Pankaj Sharma, 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. 78 dated 18.09.2009 under Sections 406, 498-A of Indian Penal Code, Police Station Division No. 3, Ludhiana which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 02.08.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. A separate statement of the complainant to the same effect is also got recorded in the Court. CRM No. M 23145 of 2010 2 Complainant - Rimple Gandhi has also filed her affidavit stating therein that she has no objection if the F.I.R is quashed. The same is taken on record. The complainant is present in Court along with her counsel. Petitioner No.1 and the complainant were got married on 08.10.2008. Out of the said wedlock, no child was born. Due to incompatible nature of the parties, the parties could not pull on together and ultimately started living separately and litigation started between them as their relations got strained. Now, with the intervention of friends and relatives, the matter has been compromised. Further, a demand draft, amounting to ` 4,00,000/- has been received by the complainant from her husband in Court today towards her permanent settlement. Photocopy of the same is also taken on record. 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.” CRM No. M 23145 of 2010 3 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 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, affidavit as well as the statement 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 settled proposition of law. Accordingly, FIR No.78 dated 18.09.2009 under Sections 406, 498-A of Indian Penal Code, P S Division No. 3, Ludhiana and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) 30.09.2010 Judge mohan