Crl. M. No.M-2333 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. M. No. M-2333 of 2010 Date of Decision:16.7.2010 Raj Pal .... Petitioner Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Rakesh Dhiman, Advocate for the petitioner. Mr. Vikas Malik, A.A.G. Haryana. For the respondent State -.- 1. Whether Reporters of Local Newspapers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgement should be reported in the Digest? NIRMALJIT KAUR, J. The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.361 dated 19.12.2009 registered under Sections 323,356,380,506 IPC and Section 25 of the Arms Act at Police Station Palam Vihar, Gurgaon, District Gurgaon and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Vide order dated 25.3.2010, the parties were directed to appear before the learned Judicial Magistrate Ist Class, Gurgaon on 5.4.2010 and the learned Judicial Magistrate Ist Class, Gurgaon was further directed to record the statements of the relevant witnesses and send his report with Crl. M. No.M-2333 of 2010 2 respect to the compromise as to whether the same is genuine or not. In pursuance to the same, report from the learned Civil Judge, (Sr. Divn.) Gurgaon, Gurgaon, has been received, wherein, it is submitted that the statements of the complainant-Tejpal Rana as well as relevant witnesses namely Rambir, Vasu Rana and Rajpal were recorded in the Court with respect to the fact of compromise of the matter in dispute. It is stated by them that on account of some altercation, the FIR in question was got registered. Now, the matter has been compromised with the petitioner with the intervention of Panchayat and monetary loss caused to the complainant has also compensated and now there is no ill-will or grudge in between them. From their statements, it appears that the matter in dispute has been compromised between the parties and the same is a genuine one. 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.” Crl. M. No.M-2333 of 2010 3 In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:- “ We need to emphasise 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.” Taking into account the allegations made in the FIR, the statements made by the parties before the Civil Judge (Senior Division), Gurgaon, the report submitted by the Civil Judge (Senior Division), Gurgaon, endorsing the genuineness of the compromise, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above settled proposition of law. Accordingly, the instant petition is allowed and FIR No.361 dated 19.12.2009 registered under Sections 323,356,380,506 IPC and Section 25 of the Arms Act at Police Station Palam Vihar, Gurgaon, District Gurgaon and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. 16.7.2010 ( NIRMALJIT KAUR ) mohan JUDGE