CRM No. M 33722 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 33722 of 2009 Date of decision: 08.03.2010 Balwinder Singh and others ........Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Harinder Kumar, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Vishal deep Goyal, 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) Reply on behalf of respondent No. 1 has been filed by learned State counsel in Court today. The same is taken on record. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 7 dated 11.01.2008 under Section 380 of Indian Penal Code registered at Police Station Dhuri, District Sangrur against the present petitioners on CRM No. M 33722 of 2009 2 the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. A separate statement of complainant Parshotam Dass has also been recorded in the Court to the same effect. It would be relevant to note the facts of the present case. As per the allegations in the FIR, the petitioners had committed a theft of 100 litres cooking oil worth Rs.5500/- from the complainant's Factory. 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 33722 of 2009 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 dispute involved in the present case is purely personal in nature and the 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. Keeping the Criminal proceedings alive will be a futile exercise. Keeping in mind the decision rendered by this Court in the case of Kulwinder Singh as well as the decision rendered by the Hon'ble Supreme Court in the case of Madan Mohan Abbot (supra) as also the facts of the present case, the compromise deserves to be accepted. Thus, it would be in the interest of justice to quash FIR No. 7 dated 11.01.2008 under Section 380 of Indian Penal Code registered at Police Station Dhuri, District Sangrur as well as proceedings arising out of the same. Accordingly, the aforesaid FIR and further proceedings arising CRM No. M 33722 of 2009 4 out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 08.03.2010 mohan