CRM No. M 16241 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 16241 of 2010 Date of decision: 06.12.2010 Navraj Singh and another .......Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Paramjit Singh Jammu, Advocate for for the petitioners Mr. P S Paul, DAG, Punjab for the respondent- State Mr. Hargobinder Gill, 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.106 dated 11.12.2001 under Section 323, 406, 498-A of Indian Penal Code, Police Station Raikot, District Ludhiana (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Petitioner No. 1 as well as respondent No. 2 are present in Court today along with their respective counsel. Statements of both the parties have been got recorded in Court today. In his statement, Navraj Singh-Petitioner No. 1 stated that the matter CRM No. M 16241 of 2010 2 has been compromised and in pursuance to the said compromise, he got prepared two FDRs for a sum of Rs.50,000/- each of Punjab National Bank, Ludhiana Branch in the name of minor child-Drishti. The same shall be encashed after the child attains the age of majority i.e. after 04.04.2018. Original FDRs have been handed over to respondent No. 2, who is the mother of minor child for its safe custody. He also stated that he shall be bound by the terms and conditions as imposed in the compromise. In her statement, respondent No. 2 stated that the aforesaid FDRs, in original, have been received by her in Court today and she has no objection if the said FIR is quashed. In the present case, the matrimonial dispute between the parties led to filing of the present FIR. Now the said dispute has been amicably resolved. 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.” CRM No. M 16241 of 2010 3 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.” 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 as well as the statements of the complainant and petitioner No. 1, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in the above settled proposition of law. Accordingly, the present petition is allowed and FIR No.106 dated 11.12.2001 under Section 323, 406, 498-A of Indian Penal Code, Police Station Raikot, District Ludhiana (Annexure P-1) and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 06.12.2010 mohan