Chhinder Pal vs State of Punjab and Another

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for quashing of FIR No. 50 dated 05.03.2010 u/s 420 of Indian Penal Code, P S Machhiwara which was got registered by Respondent No. 2 against the present Petitioner on the basis of the compromise dated 20.09.2010. Copy of the same is placed on record as Annexure P2.

Complainant - Jarnail Singh Bajwa is present in Court today along with his counsel. He also got recorded his statement, stating therein, that the matter has been compromised with the Petitioner and he has received the entire amount from the Petitioner vide three demand drafts bearing No. 064686 to 064688 dated 28.12.2010 for a sum of Rs. 1,50,000/ each. He has no objection if the said FIR is quashed.

Jarnail Singh Bajwa has also filed his affidavit stating therein that the matter has been compromised and has no objection if the FIR is quashed.

The Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and another 2007(3) RCR 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 u/s 482 of the Code of Criminal Procedure 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 u/s 482 of the Code of Criminal Procedure 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 Vs. State of Punjab, emphasised in para No. 6 as follows:

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 arrived at between the parties. The complainant has no objection if the said FIR is quashed.

Taking into account the allegations, compromise dated 20.09.2010, statement as well as affidavit dated 21.12.2010 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. 50 dated 05.03.2010 u/s 420 of Indian Penal Code, P S Machhiwara and further proceedings arising out of the same are hereby quashed.

Allowed in the aforesaid terms.