MUBARAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral)

(2.) THIS is a petition under Section 482 Cr.P.C. for quashing of FIR No. 163 dated 23.09.2007 under Section 420/467/468/471/465/120-B of Indian Penal Code, Police Station Ajnala, District Amritsar (Annexure P-3) which was got registered by respondent No. 2 -complainant against the present petitioners on the basis of the compromise dated 22.01.2010 having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-4.

(3.) 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 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.