Crl.Misc. No.M-9919 of 2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-9919 of 2012 (O&M) Date of Decision: September 03, 2012 [ENTITY] PETITIONER Vs. [ENTITY] and another RESPONDENT CORAM: HON'BLE MRS. JUSTICE [ENTITY] Present: Mr.[ENTITY], Advocate for the petitioner. Mr.[ENTITY], DAG, Punjab for the State-respondent. Respondent No.2 in person. [ENTITY], J.
Petitioner has preferred this petition under [SECTION] of the [ACT] seeking quashing of FIR No.259 dated 23.11.2008, under [SECTION] of the [ACT], registered at Police Station Model Town, Ludhiana and subsequent proceedings arising therefrom in view of the comprise arrived at between the parties.
Learned counsel for the petitioner has submitted that the parties have arrived at a compromise. They have got a decree of divorce on the basis of mutual consent. The entire amount in terms of the compromise effected between the parties has been paid to respondent No.2.
Respondent No.2 is present in person and has admitted the factum of compromise between the parties. She has further submitted that in terms of the compromise, the parties have got a decree of divorce on the basis of mutual consent. She had admitted the contents of her statement Annexure P-2. She has further submitted that she has no objection if FIR in question is ordered to be quashed.
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. [ENTITY], 2007 (3) RCR (Criminal) 1052, 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.259 dated 23.11.2008, under [SECTION] [ACT], registered at Police Station Model Town, Ludhiana and subsequent proceedings arising therefrom are quashed.
([ENTITY]) JUDGE September 03, 2012 jt