Punjab-Haryana High Court
Balbir Ram Alias Biri And Others vs State Of Punjab And Another on 5 April, 2011
CRM No. M 9493 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM No. M 9493 of 2011
Date of decision: 05.04.2011
Balbir Ram alias Biri and others ........ petitioners
Versus
State of Punjab and another .......Respondent(s)
Coram: Hon'ble Ms Justice Nirmaljit Kaur
-.-
Present: Mr. Malkeet Singh, Advocate
for the petitioners
Mr. J S Brar, DAG, Punjab
Ms G K Hundal, Advocate
for respondent No. 2 - complainant
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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. 40 dated 04.03.2010 under Section 323, 342, 148, 149, 120-B IPC (Section 308 IPC added later on), P S Garhshankar, District Hoshiarpur (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 09.08.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.
CRM No. M 9493 of 2011 2
Complainant - Devinder Singh is present in Court along with his counsel and has filed his affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now with the intervention of the respectables, the matter has been compromised and he has no objection if the said FIR is quashed.
In the present case, on 25.02.2010, minor dispute took place between the parties on account of allegedly eve teasing the daughter of petitioner No. 2 which led to filing of the present FIR. Now, the matter has been amicably resolved and the complainant has no objection if the said 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."
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 9493 of 2011 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 said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed.
Taking into account the allegations, compromise dated 09.08.2011 as well as affidavit of the complainant, 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. 40 dated 04.03.2010 under Section 323, 342, 148, 149, 120-B IPC (Section 308 IPC added later on), P S Garhshankar, District Hoshiarpur (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed.
Allowed in the aforesaid terms.
(Nirmaljit Kaur) Judge 05.04.2011 mohan