Crl.Misc. M-2266 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-2266 of 2009(O&M) Date of Decision:July 18,2011 [ENTITY] and others Petitioners Versus [ENTITY] and others Respondents Coram: Hon'ble Mrs. Justice [ENTITY] Present: Mr.[ENTITY], Advocate for the petitioners Mr. [ENTITY] , Assistant Advocate General, Haryana Mr.[ENTITY],Advocate for respondent No.2 [ENTITY], J.
Petitioners have filed this petition under [SECTION] of the Code of Criminal Procedure seeking quashing of FIR No.615 dated 9.8.2006 under Sections 419, 420,467,468,[SECTION] of the Indian Penal Code (`[ACT]' for short) registered at Police Station Sadar,Gurgaon and all consequential proceedings thereto on the basis of compromise between the parties.
Learned counsel for the petitioners has submitted that now, with the intervention of relatives and friends, the parties have arrived at a compromise. The civil dispute pending between the parties has also been disposed of in terms of the compromise.
Respondent No.2, who is present in person along with his counsel, has admitted the factum of compromise between the parties and the contents of the affidavit (Annexure P2). Respondent No.2 has further stated that he has no objection if the FIR in question is ordered to be quashed.
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] in para Nos. 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 in order to live in peace, no useful purpose would be served by proceeding further with the criminal proceedings.
Accordingly, this petition is allowed. FIR No.615 dated 9.8.2006 under [SECTION] and [SECTION] [ACT] registered at Police Station Sadar,Gurgaon as well as the subsequent proceedings arising therefrom,are quashed .
( [ENTITY] ) Judge July 18, 2011 arya