CRM No. M 36605 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 36605 of 2009 Date of decision: 18.02.2010 Satwinder Kumar and others ........Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. R P Dhir, Advocate for the petitioners Mr. B B S Teji, AAG, Punjab for the respondent - State Mr. JBS Gill, Advocate for the 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 of Criminal Procedure of Code for quashing of the FIR on the basis of compromise (Annexure P-2). FIR No. 190 dated 25.09.2008 under Sections 332/353/186/149 of Indian Penal Code at Police Station Garshankar, District Hoshiparpur was got registered by Des Raj-complainant against the present petitioners. Both the parties are the residents of the adjoining villages and with the CRM No. M 36605 of 2009 2 intervention of the respectable persons of the area, they have decided to resolve the matter amicably and decided to live peacefully. Complainant- Des Raj has appeared in the Court and made a separate statement to the same effect. He has also filed his affidavit stating therein that he has no objection if the said FIR is quashed. It is also stated in the affidavit that the matter has been compromised with the intervention of the respectable persons of the village. As per the allegations in the FIR, the petitioner abused and manhandled the respondent-complainant. 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.” CRM No. M 36605 of 2009 3 Hon'ble 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 as well as the compromise and the affidavit, it would be a fit case to exercise the jurisdiction under Section 482 of the Code of Criminal Procedure to quash the FIR and all proceedings arising out of the same. Since the parties having compromised the matter, the continuation of criminal proceedings is not likely to result in the conviction of the petitioner. Thus, the same would be a futile exercise. In view of the well settled proposition of law and also the facts of the present case narrated above, FIR No. 190 dated 25.09.2008 registered under Sections 332/353/186/149 of Indian Penal Code at Police Station Garshankar District Hoshiparpur and subsequent proceedings arising out of CRM No. M 36605 of 2009 4 the same is accordingly quashed qua the present petitioners. Disposed of in the aforesaid terms. (Nirmaljit Kaur) Judge February 18.02.2010 mohan