Crl.Misc. No.M-39183 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-39183 of 2011 Date of Decision: September 10, 2012 [ENTITY] and others PETITIONERS Vs. [ENTITY] and another RESPONDENTS CORAM: HON'BLE MRS. JUSTICE [ENTITY] Present: Mr.[ENTITY], Advocate for the petitioners. Mr.[ENTITY],Additional Advocate General, Haryana for the State-respondent. Mr.[ENTITY], Advocate for respondent No.2. [ENTITY], J.
Petitioners have preferred this petition under [SECTION] of the [ACT] seeking quashing of FIR No.73 dated 13.07.2008, under Sections [SECTION] of the [ACT], registered at Police Station Kalka, District Panchkula and all the subsequent proceedings arising therefrom in view of the compromise (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioners and respondent No.2 have submitted that the parties have arrived at a compromise with the intervention of relatives and friends. Petitioner No.1 and respondent No.2 have got a decree of divorce on the basis of mutual consent.
Vide order dated 22.02.2012, the parties were directed to appear before the trial Court for recording of their statements in support of the compromise.
In pursuance to the said order, the parties appeared before the trial Court and made their statements to the effect that they had settled all their disputes amicably.
As per the Full Bench judgment of this Court in [PRECEDENT], High Court has power under [SECTION] [ACT] to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of [PRECEDENT]23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?
24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in [PRECEDENT]'s case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise."
Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing these proceedings to continue.
Accordingly, this petition is allowed. FIR No.73 dated 13.07.2008, under Sections [SECTION] [ACT], registered at Police Station Kalka, District Panchkula and all the subsequent proceedings arising therefrom are quashed.
([ENTITY]) JUDGE September 10, 2012 jt