CRM No. M 24776 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 24776 of 2010 Date of decision: 23.09.2010 Vikas Prabhakar ........ Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Veneet Sharma, Advocate for for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. Deepak Aggarwal, 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. 145 dated 07.11.2007 under Sections 406, 498-A of Indian Penal Code, P S 'E' Division, Amritsar which was got registered by respondent No. 2 - complainant against the present petitioner on the basis of the compromise arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. CRM No. M 24776 of 2010 2 Complainant as well as the petitioner are present in Court along with their counsel. Learned counsel for respondent No. 2 has also filed the reply by way of affidavit of respondent No. 2 - Dolly Prabhakar in Court today. The same in taken on record. In her affidavit, the complainant has stated that with the intervention of the respectables, the matter has been compromised. It is also stated in the affidavit that the complainant has no objection if the present FIR is quashed. In the present case, a matrimonial dispute led to filing of the present FIR. Now, the matter has been amicably resolved between the parties and the complainant is happily living her matrimonial home and she has not objection if the 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.” CRM No. M 24776 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 is happily residing at her matrimonial home and she has no objection if the said FIR is quashed. Taking into account the allegations and affidavit of the complainant, there is no impediment in the way of this Court to quash the present FIR. Accordingly, FIR No.145 dated 07.11.2007 under Sections 406, 498-A of Indian Penal Code, P.S. 'E'-Division, Amritsar and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 23.09.2010 mohan