CRM No. M 33072 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 33072 of 2010 Date of decision: 20.04.2011 Punit Miglani ........ Petitioner Versus State of Punjab and other .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Jagjit Gill, Advocate for the petitioner Ms Neelam, AAG, Punjab for the respondent Mr. Gurmeet Singh Saini, Advocate for respondent No. 2 -.- 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 492 dated 11.07.2009 under Section 465, 468, 471, 420, 120 IPC, Police Station Kotwali Bathinda on the basis of compromise arrived at between the parties vide compromise deed dated 23.07.2010. Earlier, on 07.04.2011, when the matter was fixed for hearing, the learned counsel for the parties were heard and case was kept for dictating order. However, at the time of dictating orders, it was felt necessary that some clarifications are required to be sought from counsel for the petitioner. Accordingly, the matter was ordered to be listed for re- CRM No. M 33072 of 2010 2 hearing on 20.04.2011. Today, learned counsel for the petitioner appeared and clarified the position. On 07.04.2011, the complainant was present in Court along with his counsel and had filed his affidavit, stating therein, that the matter has been compromised and the petitioner had made full and final payment i.e. Rs.1,50,000/- to the complainant and he has no objection if the said FIR is quashed. Compromise deed dated 23.07.2010 has also been placed on record as Annexure P2. . 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 33072 of 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.” 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 reply 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 said settled proposition of law. In view of the above, the present petition is allowed and FIR 492 dated 11.07.2009 under Section 465, 468, 471, 420, 120 IPC, Police Station Kotwali Bathinda and all subsequent proceedings arising out of the same are hereby quashed. Allowed in the above terms. (Nirmaljit Kaur) Judge 20.04.2011 mohan