CRM No. M 28437 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 28437 of 2010 Date of decision: 25.11.2010 Mukhtiar Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ranjit Sharma, Advocate for the petitioners Mr. P S Bajwa, DAG, Punjab for the respondent Mr. Ranjit Saini, 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. 130 dated 01.10.2002 (Annexure P1) under section 406, 498-A of Indian Penal Code, PS Civil Lines, Batala 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 is present Court today along her counsel. The present FIR arises out of matrimonial dispute. Now, the same has already been amicably settled between the parties. CRM No. M 28437 of 2010 2 It is evident from statement dated 06.08.2010 suffered by the complainant before the District Judge, Amritsar, copy of which is placed on record as Annexure P3 that the matter has been settled between the parties for all times to come. Further, all the dowry articles and other belongings, gifts etc. have already been exchanged between the parties and now nothing is due against each other. The complainant, who is present Court, has also filed her affidavit to the effect that the matter has been compromised and she has no objection if the aforesaid FIR and subsequent proceedings arising out of the same are quashed. The same is taken on record. 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 emphasized 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 28437 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 utilized 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 before the Court below, where the complainant made a statement that all the matrimonial disputes between her and her husband petitioner No. 2 has been mutually settled. All the dowry articles have also been received by her and nothing is due against each other. In her affidavit filed before this Court today, she has stated that she has no objection if the said FIR is quashed. Taking into account the allegations, statement made before the Court below and the 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 the above settled proposition of law. Accordingly, the present petition is allowed and FIR No. 130 dated 01.10.2002 (Annexure P1) under section 406, 498-A of Indian Penal Code, PS Civil Lines, Batala and further proceedings arising out of the same are hereby quashed qua the present petitioners. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 25.11.2010 mohan