CRM No. M 11926 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 11926 of 2010 Date of decision: 13.07.2010 Amit Luthra ........ Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Veneet Sharma, Advocate for for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Tejinder Pal Singh Makkar, 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. 21 dated 27.02.2009 under Sections 406, 498-A of Indian Penal Code , Police Station Division No. 7, Jalandhar, which was got registered by respondent No. 2 - complainant against the present petitioner on the basis of the compromise dated 29.03.2010 having arrived at between the parties before the Mediation and Conciliation Centre. Original compromise is on the file of CRM M 28099 of 2009. A separate statement of the complainant CRM No. M 11926 of 2010 2 to the same effect is got recorded in the Court. Complainant Richa, in her statement, stated that the matter has been compromised and she has decided to live with her husband-petitioner and she has no objection if the aforesaid FIR is quashed. Similarly, a separate statement of Amit Luthra-petitioner is also got recorded in the Court today stating therein that he is aware of the compromise arrived at between him and his wife on 29.03.2010 before the Mediation and Conciliation Centre and gave an undertaking that he is bound by the terms and conditions of the said compromise. 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 advisable that in disputes where the question involved CRM No. M 11926 of 2010 3 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 present dispute arises out of the matrimonial dispute and the same has been compromised. The said compromise is arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed. Taking into account the allegations, the statement of the complainant and the matter being totally personal in nature, 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 settled proposition of law. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed qua the present petitioner. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 13.07.2010 mohan