CRM No. M 2532 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 2532 of 2010 Date of decision: 03.03.2010 Jasdeep Singh and others ........ petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Ms Amarjit Kaur Khurana, Advocate for for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Arun Singla, Advocate for respondents No. 2 and 3 -.- 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. 235 dated 05.08.2008 under Section 323, 325, 34 of Indian Penal Code registered at Police Station Kharar, District SAS Nagar, Mohali (Annexure P-1) against the present petitioners on the basis of the compromise having been arrived at between the parties. Separate statements of respondent No. 2 and 3 have also been recorded in the Court CRM No. M 2532 of 2010 2 to the same effect. As per allegations in the FIR, a minor scuffle took place in which, respondent No. 3 received minor injuries. Now, the matter has been compromised between the parties. Compromise deed dated 30.11.2009 has been placed on record at Annexure P-2. Affidavits of respondents No. 2- the complainant and 3-the injured have also been placed on record. As per the affidavits of Daljeet Singh and Gurpreet Singh, the matter has been compromised and they have no objection if the said 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 CRM No. M 2532 of 2010 3 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.” The compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. Taking into account the allegation in the FIR, affidavits as well as statements of Daljeet Singh and Gurpreet Singh recorded separately, there is no likelihood of the conviction of the petitioners and allowing the proceedings to go on 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. 235 dated 05.08.2008 under CRM No. M 2532 of 2010 4 Section 323, 325, 34 of Indian Penal Code at Police Station Kharar, District SAS Nagar, Mohali (Annexure P-1) as well as further proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 03.03.2010 mohan