CRM No. M 6574 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 6574 of 2010 Date of decision: 28.04.2010 Ashok Kumar alias Happy and others ........ petitioners Versus UT Chandigarh and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Hitesh Pandit, Advocate for for the petitioners Mr. Rajiv Sharma,, Advocate for the UT Chandigarh Mr. Sunil Narang, Advocate for respondent No. 2 to 5 -.- 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. 304 dated 12.12.2008 under Sections 323/325/452/34 of Indian Penal Code, Police Station Sector 26, Chandigarh and all subsequent proceedings arising out of the same which was got registered at the behest of Pali son of Duni Chand – respondent No. 2 against the present 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 the injured/aggrieved parties, namely, Pali CRM No. M 6574 of 2010 2 (respondent No. 2), Suresh Bala (respondent No. 3), Bindu (respondent No. 4) and Jamana Devi (respondent No. 5) have also been got recorded in the Court to the same effect. Facts of the case, in brief, are that a dispute arose between petitioner No. 1 and 2 and respondents No. 2 to 5 over construction of room adjoining to the room of the petitioners and in this dispute respondent party received the injuries. As such, the present FIR was registered against the present petitioners. Now, with the intervention of the respectables, the matter has since been compromised with the petitioners. The compromise dated 25.02.2010 has been placed on record as Annexure P-2. 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:- “6. We need to emphasize that it is perhaps CRM No. M 6574 of 2010 3 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. Respondents No. 2 to 5 have no objection if the said FIR and all subsequent proceedings arising out of the same are quashed. Taking into account the allegations as well as the statements of Respondents No. 2 to 5 and the matter being totally personal in nature, there is no impediment in the way of this Court to quash the present FIR No. 304 dated 12.12.2008 under Sections 323/325/452/34 of Indian Penal Code, Police Station Sector 26, Chandigarh as well as all subsequent proceedings arising out of the same in view of the settled propositions of law. Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 28.04.2010 mohan