CRM No. M 28748 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 28748 of 2010 Date of decision: 07.10.2010 Gursewak Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. B S Bhalla, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Ranjodh Singh Sidhu, 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. 97 dated 04.06.2008 under Section 420 of Indian Penal Code, Police Station Dharamkot, District Moga which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. The complainant as well as the petitioners are present in Court along their counsel. CRM No. M 28748 of 2010 2 As per the allegations in the FIR, the present petitioners have extracted `3,00,000/- illegally from the complainant by alluring him to get a job for his son namely, Parghat Singh in police department. Now, the matter has been compromised amicably between the parties as per compromise deed dated 11.11.209, appended with the petition as Annexure P-1. A short reply by way of affidavit of Puran Singh son of Harnam has been filed in Court today. The same is taken on record. In his reply, the complainant stated that he does not have any objection in case the FIR in question is quashed and the present petition is allowed. 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 CRM No. M 28748 of 2010 3 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 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 above said settled proposition of law. Accordingly, FIR No. 97 dated 04.06.2008 under Section 420 of Indian Penal Code, Police Station Dharamkot, District Moga and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 07.10.2010 mohan