- (1.) THIS is petition under Section 482 Cr.P.C. for quashing of the proceedings pending against petitioners in the court of Judicial Magistrate, First Class, Sadulshahar in Criminal Case No.763/2006 arising out of FIR No.111/2005 registered at Police Station Lalgarh Jatan, District Sri Ganganagar for offence under Sections 420, 465, 467, 468, 471, 474/120-B IPC. It is not disputed that the matter was compromised during the pendency of the proceedings before the trial court and in pursuance to the said compromise, the trial court compounded the offence under Section 420 IPC. However, the trial of the case was directed to proceed against the petitioners qua offence under Sections 465, 467, 468, 471, 474/120-B IPC as the same were not compoundable.
(2.) LEARNED counsel for the respondent does not dispute the factual position and has placed on record the certified copy of the application filed by both the parties confirming the compromise, as well as, the order passed by the trial court. After hearing learned counsel for the parties and perusing the order of the trial court compounding the offence under Section 420, as well as, the certified copy of the application placed on record, this Court has no doubt that the matter has been compromised between the parties. The said compromise has been arrived at between the parties without any pressure and out of their own free will. The compromise is, therefore, genuine. The Full Bench of the Punjab and Haryana High 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 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." Thus, this Court has no hesitation in quashing the proceedings pending against the petitioners in Criminal Case No.763/2006 in the court of Judicial Magistrate, First Class, Sadulshahar arising out of FIR No.111/2005 registered at Police Station Lalgarh Jatan, District Sri Ganganagar. In view of the above, the present criminal misc. petition is allowed and the FIR No.111/2005 registered at Police Station Lalgarh Jatan as well as all proceedings arising out of the said FIR including criminal case No.763/2006 pending in the Court of Judicial Magistrate, First Class, Sadulsahar are quashed.;