CRM No. M 33289 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 33289 of 2009 Date of decision: 22.12.2009 Balwinder Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. KPS Sandhu, Advocate for for the petitioners Mr. K S Pannu, Deputy Advocate General, Punjab for the respondent- State Mr. Bahadur Singh, 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) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 500 dated 27.12.2007 registered under Sections 498-A, 406, 418 of Indian Penal Code registered at Police Station Civil Lines, District Amritsar against the petitioners on 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. Separate statements of the complainant as well as of the petitioner have CRM No. M 33289 of 2009 2 also been recorded in the Court to the same effect. Complainant Jyoti wife of Balwinder Singh has also filed her affidavit dated 18.11.2009 stating that she has no objection if the F.I.R is quashed. The same is taken on record. The aforesaid FIR arising out of a matrimonial disputes between the parties. It is stated that with the intervention of the respectable persons, a compromise dated 18.11.2009 has been arrived at between the parties and they have decided to part ways. As per the compromise, the complainant has been paid amount in cash and further a cheque of Rs.60,00/-. They have no grudge against each other. It is also stated that the petitioner and the complainant shall seek divorce by mutual consent. Complainant-Jyoti has no objection, if the aforesaid FIR is quashed. The compromise has been effected in order to end all relations and litigation between the parties. They have entered into the same out of their own free will without any pressure from any body. 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 CRM No. M 33289 of 2009 3 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 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.” Admittedly, the present FIR arisen out of the matrimonial disputes between the parties. The dispute is personal in nature. The same has been compromised between the parties. The complainant has no objection if the said FIR is quashed. The said compromise is entered into without any pressure. Keeping the Criminal proceedings alive will be a futile exercise. Keeping in mind the decision rendered by this Court in the case CRM No. M 33289 of 2009 4 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 and affidavit of Jyoti-complainant, the compromise (Annexure P- 2) deserves to be accepted. Thus, there is no hurdle in quashing the said FIR and it would be in the interest of justice to quash FIR No. 500 dated 27.12.2007 registered under Sections 498-A, 406, 418 of Indian Penal Code registered at Police Station Civil Lines, District Amritsar as well as proceedings arising out of the same. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge December 22, 2009 mohan