MUKESH KUMAR RAJESH KUMAR AND ORS. Vs. STATE OF HARYANA AND ANR.
LAWS(P&H)-2011-3-619
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 22,2011

Mukesh Kumar Rajesh Kumar And Ors. Appellant
VERSUS
State of Haryana and Anr. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 555 dated 24.08.2009 under Section 406, 420, 120 -B IPC, P S Yamuna Nagar City, District Yamuna Nagar (Annexure P -1) which was got registered by Respondent No. 2 -complainant against the present Petitioners on the basis of the compromise dated 31.07.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P -2
(2.) THE complainant is present in Court along with his counsel. He has also filed his affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now, the matter has been amicably settled by him with his free will, without any coercion or pressure from any side and he has no objection if the said 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 under Section 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 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.
(3.) 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 utilized 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.;


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