CRM No. M 4487 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 4487 of 2010 Date of decision: 25.05.2010 Harjit Singh alias Jeeta and another ........ petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. J B S Gill, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. Vikas Sharma, 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. 173 dated 29.08.2009 under Section 148, 382, 341, 427, 506, 149 of Indian Penal Code Police Station Adampur District Jalandhar which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 14.11.2009 having been arrived at between the parties. Copy of the same has been placed on record as CRM No. M 4487 of 2010 2 Annexure P-2. Separate statements of the complainant as well as the eye witness to the incident to the same effect has also been got recorded in the Court. In the present case, a fight took place between respondent No. 2 and the petitioners. Respondent No. 3 is the eye witness to the incident. Thereafter, on the statement of respondent No. 2, the aforesaid FIR was registered against the present petitioners. However, due to the intervention of the respectables of the village, the matter has been compromised and the complainant respondent No. 2 as well as respondent No. 3 has no objection if the aforesaid FIR is quashed. 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 4487 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.” A compromise has been arrived at between the parties. 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, affidavits placed on record as Annexure P3 and P-4 as well as the statement of the complainant and the eye witness, 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. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 25.05.2010 mohan