CRM No. M 29840 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 29840 of 2010 Date of decision: 21.12.2010 Paramjit Singh ........ Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. C S Bagri, Advocate for the petitioner Mr. Munish Kumar, AAG, Punjab for the respondent - State Mr. P S Pandher, 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. 96 dated 06.10.2033 under Section 323, 324, 506, 148, 149 of Indian Penal Code, Police Station Machhiwara, District Ludhiana which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 15.09.2004 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Complainant-Rajeev Kumar is present in Court today along CRM No. M 29840 of 2010 2 with his counsel. Affidavit filed by the complainant in Court today is taken on record. It is stated in the said affidavit that the matter had been compromised with the petitioner on 15.09.2004 and he does not want to proceed with trial against the petitioner. It is stated by the learned counsel for the petitioner that due to party faction and minor misunderstanding, the present FIR was got registered against the petitioner by respondent No. 2. On 15.09.2004, a compromise was affected between the parties. Thereafter, the petitioner left abroad. In his absence, he was declared proclaimed offender. It is also stated that in pursuance to the order dated 08.10.2010, the petitioner surrendered before the trial Court and was admitted to bail on his furnishing personal bonds vide order dated 23.10.2010 passed by JMIC, Samrala. Certified copy of the order is placed 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 CRM No. M 29840 of 2010 3 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 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.” Taking into account the allegations, compromise dated 15.09.2004 as well as affidavit 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. Accordingly, the present petition is allowed and FIR No. 96 dated 06.10.2033 under Section 323, 324, 506, 148, 149 of Indian Penal Code, Police Station Machhiwara, District Ludhiana and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 21.12.2010 mohan