CRM M 20811 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM M 20811 of 2010 Date of decision: 20.09.2010 Jaswinder Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Amardeep Singh Gill, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Pritam Singh Baath, 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. 196 dated 25.07.2009 under Section 406, 498-A, 120-B of Indian Penal Code, Police Station Sadar Jalandhar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. CRM M 20811 of 2010 2 Learned counsel for respondent No. 2 has filed reply by way of affidavit of complainant-Reena wife of Jaswinder Singh in Court today. The same is taken on record. As per the aforesaid reply, with the intervention of the respectables and relatives, a compromise has been effected between the complainant and the petitioners. The same has been arrived at out of her own sweet will and without any pressure or coercion. The complainant has no objection if the aforesaid FIR is quashed. The complainant is also present in Court. The allegations in the FIR are totally personal in nature. The dispute has amicably been resolved between the parties and the complainant has no objection if the aforesaid FIR is quashed. 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 CRM M 20811 of 2010 3 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 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 as well as reply by way of affidavit, there is no impediment in the way of this Court to quash the present FIR in view of the settled proposition of law. Accordingly, FIR No. 196 dated 25.07.2009 under Section 406, 498-A, 120-B of Indian Penal Code, Police Station Sadar Jalandhar (Annexure P-1) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 20.09.2010 mohan