CRM No. M 694 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 694 of 2010 Date of decision: 08.03.2010 1. CRM No. M 694 of 2010 Lakhbir Singh and others ........Petitioners Versus State of Punjab and other .......Respondent(s) 2. CRM No. M 701 of 2010 Bhajan Singh and others ........Petitioners Versus State of Punjab and other .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Narinder Lucky, Advocate for for the petitioners ( CRM M 694 and in CRM M 701 for respondent No. 2) Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. G S Nagra, Advocate for the petitioners (in CRM No. M 701 of 2010) -.- 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? CRM No. M 694 of 2010 2 Nirmaljit Kaur, J. (Oral) This order shall dispose of both the aforesmentioned criminal miscellaneous as the same arising out of the same FIR. In CRM M 694 of 2010, the petitioners pray for quashing of aforesaid FIR No. 90 dated 18.10.2009 under Sections 323/324/447/ 148/149/356 /506 of Indian Penal Code at Police Station Nurpur Bedi, District Ropar was got registered at the behest of Lakhbir Singh against respondent No. 2-Mohan Singh on the basis of compromise between the parties. However, in CRM M 701 of 2010, one of the petitioner i.e. Mohan Singh made a complaint against Lakhbir Singh and others. On that basis, a cross case has been registered against Lakhbir Singh, Lakhwinder Kaur, Jatinder Singh, Ramandeep Singh, Gurinder, Baljit Singh and J.P. Alias Jaspreet Singh. Through both the petitions, the parties seeking quashing of the FIR as well as cross case on the basis of compromise dated 23.10.2009 arrived at between the parties. To the same effect, affidavits of Lakhbir Singh and Mohan Singh have also been filed. In their affidavits, it has been stated that they have no objection if the aforesaid FIR and subsequent proceedings in pursuance thereto are quashed. It is stated that Lakhvir Singh and Mohan Singh are the close relative. They have entered into compromise on 23.10.2009 with the intervention of respectables of the area. Copy of the said compromise has been placed on record as Annexure P-2. CRM No. M 694 of 2010 3 As per allegations in the FIR, a fight took place between both the parties on the date of Diwali on account of the fact that Petitioner Bhajan Singh (in CRM M 701 of 2010) had stopped petitioner - Lakhvir Singh (in CRM M 694 of 2010) to fire crackers on the roof of the house. 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 is of a purely personal nature, the Court should CRM No. M 694 of 2010 4 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 dispute involved in the present case is between neighbour and relatives. The compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. In their affidavits, Lakhbir Singh and Mohan Singh have stated that they have no objection if the said FIR and cross case arising out the same FIR is quashed. In view of the settled principles of law 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. 90 dated 18.10.2009 under Sections 323/324/447/ 148/149/356 /506 of Indian Penal Code at Police Station Nurpur Bedi, District Ropar and subsequent proceedings arising pursuant to the said FIR for keeping peace, harmony as well as to reduce friction in the society and allow the parties who are both relatives and neighbour of each other to live in peace. CRM No. M 694 of 2010 5 Accordingly, the aforesaid FIR as well as cross case and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. Photocopy of the order be placed on the connected file. (Nirmaljit Kaur) Judge 08.03.2010 mohan