[CASE NUMBER] -1- In the High Court of Punjab and Haryana at Chandigarh [CASE NUMBER] Date of Decision:May 12, 2009 [ENTITY] and others Petitioners versus [ENTITY] and another Respondents Coram: HON'BLE MRS. JUSTICE [ENTITY] Present: Mr.[ENTITY],Advocate, for the petitioners Mr. [ENTITY], AAG,Punjab Mr.[ENTITY], Advocate, for respondent No. 2 [ENTITY], J.
Petitioners have filed this petition under [SECTION] of the [ACT] (hereinafter referred to as '[ACT] quashing of FIR No. 94 dated 17.6.2004 under [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] of the [ACT] registered at Police Station, Beas District Amritsar (Annexure P-1)on the basis of compromise dated 11.12.2008(Annexure P-2).
Learned counsel for the petitioner has submitted that now with the intervention of relatives and friends parties have entered into a compromise dated 11.12.2008(Annexure P-2). Learned counsel states that it is case of cross version.
Respondent No. 2 and injured [ENTITY] are present in person along with their counsel and have admitted the contents of the compromise(Annexure P-2) as per which they have no objection if the FIR in question is quashed. Respondent No. 2 has also tendered his affidavit on reocrd.
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] in paras 23 and 24 has held as under:-
"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, no useful purpose would be served by continuing the criminal proceedings, in question.
Accordingly this petition is allowed. FIR No. 94 dated 17.6.2004 under [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] [SECTION] of the [ACT] registered at Police Station, Beas District Amritsar (Annexure P-1) and all consequential proceeding arising therefrom are quashed.
([ENTITY]) JUDGE May 12, 2009 PARAMJIT