CRM No. M 34314 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 34314 of 2010 Date of decision: 28.02.2011 Ashok Mittal and others ........Petitioners Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Naveen S Bhardwaj, Advocate for the petitioners Mr. Amit Rana, DAG, Haryana for the respondent - State Mr. Manoj Bajaj, Advocate for respondent No. 2 - complainant -.- 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 No. 886 dated 03.11.2002 under sections 420, 467, 468, 120-B IPC, P S Central Faridabad, Faridabad which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise. Complainant-Dinesh Aneja is present in Court today along with his counsel. He has also got recorded his statement in Court, stating therein, CRM No. M 34314 of 2010 2 that the matter has been compromised vide resolution dated 11.11.2010 out of free will and without any pressure from any body and has no objection if the said FIR is quashed. To this effect, complainant has also sworn in his affidavit dated 16.11.2010 which has been placed on record as Annexure P2. In his affidavit, the complainant has submitted that the aforesaid FIR was got registered by him on behalf of the company. Since, he has been authorized by the company, he has entered into the compromise vide resolution dated 11.11.2010. He further stated that that the company does not with to prosecute the accused. 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:- CRM No. M 34314 of 2010 3 “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, compromise deed dated 11.11.2010, affidavit dated 16.11.2010 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 said settled proposition of law. Accordingly, the present petition is allowed and FIR No. 886 dated 03.11.2002 under sections 420, 467, 468, 120-B IPC, P S Central Faridabad, Faridabad and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 28.02.2011 mohan