CRM No. M 8725 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 8725 of 2011 Date of decision: 06.04.2011 Lakhvir Singh alias Lakhi alias Lakhwinder Singh ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Surjit Singh Swaich, Advocate for the petitioner Mr. J S Brar, DAG, Punjab Mr. Tekwinder Singh, Advocate for respondent No. 2 to 4 -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment 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. 59 dated 10.06.2007 under Section 279, 304-A IPC, Police Station Khamano, District Fatehgarh Sahib (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioner on the basis of the compromise dated 05.03.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2. Respondent No. 2/Complainant – Bhupinder Singh, and other CRM No. M 8725 of 2011 2 legal heirs i.e. Surjit Singh (respondent No. 3) and Amarjit Kaur (respondent No.4) are present in Court today along with their counsel and have filed their respective replies by way of affidavits, admitting the contents of the petition that the matter has been compromised vide compromised deed dated 05.03.2011. It is also stated that in the said accident both the parents of respondents No. 2 to 4 have died. 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 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 CRM No. M 8725 of 2011 3 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. Respondents No.2 to 4 have no objection if the said FIR is quashed. Taking into account the allegations, compromise as well as affidavits of respondents No. 2 to 4, 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 said settled proposition of law. Accordingly, the present petition is allowed and FIR No. 59 dated 10.06.2007 under Section 279, 304-A IPC, Police Station Khamano, District Fatehgarh Sahib (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 06.04.2011 mohan