[CASE NUMBER] (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision : 24.9.2012 [CASE NUMBER] (O&M) [ENTITY] Petitioner Versus [ENTITY] and others Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.[ENTITY], Sr. Advocate with Mr.[ENTITY], Advocate, for the petitioner. Mr.[ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate for respondent Nos.2 and 3. SABINA, J.
By way of this petition filed under [SECTION] of the [ACT], the petitioner has sought quashing of FIR No. 30 dated 9.3.2009, under [SECTION], [SECTION], [SECTION] of the [ACT]' for short), registered at Police Station Amloh District Fatehgarh Sahib and subsequent proceedings arising therefrom.
Vide order dated 16.7.2012, parties were directed to appear before the trial Court and the trial Court was directed to send its report qua genuineness of the compromise effected between the parties after recording their statements.
In pursuance to the said order, the trial Court, after recording of the statements of the parties, has sent its report that the compromise effected between the parties was voluntary.
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, the petition is allowed. FIR No. 30 dated 9.3.2009, under [SECTION], [SECTION], [SECTION] [ACT] registered at Police Station Amloh District Fatehgarh Sahib and all the subsequent proceedings arising therefrom are quashed.
(SABINA) JUDGE September 24, 2012 anita