CRM No. M 8371 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 8371 of 2010 Date of decision: 28.04.2010 Sarabjit Kaur ........ petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ritesh Pandey, Advocate for for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent- State Mr. A S Barnala, 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. 69 dated 19.07.2007 under Sections 420, 406, 120-B of Indian Penal Code, Police Station Sri Hargobindpur, Police District Batala, District Gurdarpur and all subsequent proceedings arising out of the same registered against the present petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been CRM No. M 8371 of 2010 2 placed on record as Annexure P-1. A separate statement of the complainant has also been got recorded in the Court to the same effect. Complainant Gurmeet Singh son of Santa Singh has also filed his affidavit dated 28.04.2010 stating therein that he has no objection if the F.I.R is quashed. The same is taken on record. It would be relevant to note the facts of the present case. The present FIR has been registered on the statement of respondent No. 2 alleging therein that about 3-4 years ago, he had paid Rs.5,32,000/- to the present petitioner along with others, for sending his son Mukhtiar Singh abroad. But, neither did they send his son abroad nor return the aforesaid money to him. However, with the intervention of the respectables, the matter has since been compromised with Sarabjit Kaur, present petitioner. The compromise dated 12.04.2008 has been placed on record as Annexure P-1. The allegations in the FIR are totally personal in nature. 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 CRM No. M 8371 of 2010 3 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 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 present case is purely personal in nature and the compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR and all subsequent proceedings arising out of the same qua the present petitioner are quashed. Taking into account the allegations, affidavit as well as the statement of the complainant and the matter being totally personal in nature, there is no impediment in the way of this Court to quash the present FIR No. 69 dated 19.07.2007 under Sections 420, 406, 120-B of Indian Penal Code, Police Station Sri Hargobindpur, Police District Batala, District Gurdarpur as well as all subsequent proceedings arising out of the same qua the present petitioner only in view of the settled propositions of law. CRM No. M 8371 of 2010 4 Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed qua the present petitioner only. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 28.04.2010 mohan