[CASE NUMBER] -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. [CASE NUMBER] Date of Decision: 20.7.2011. [ENTITY] and others Petitioners Vs. [ENTITY] and another Respondents CORAM: HON'BLE MRS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioners. Mr. [ENTITY], Asstt. A.G. Punjab for respondent No.1. Respondent No.2 in person. [ENTITY], J.
Petitioner has filed this petition under [SECTION] of the [ACT] for quashing of the FIR No. 247 dated 14.4.2007 (Annexure P-1), under [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT] ('[ACT]' for short), registered at Police Station City Bhiwani, District Bhiwani and all subsequent proceedings arising therefrom on the basis of the compromise (Annexure P-2) affected between the parties.
Vide the order dated 4.2.2011, the Area Magistrate was directed to record the statements of the parties and report qua the genuineness of compromise. The Judicial Magistrate Ist Class vide order dated 10.2.2011, after recording the statements of the parties, has opined that the parties have amicably settled the dispute voluntarily.
Today respondent No.2 is present in person and has stated that she has already received ` 1,12,000/- from the petitioners, in terms of the compromise. Today, another draft of ` 1, 00,000/- has been handed over to the respondent No. 2 by the counsel for the petitioners. As per the compromise, effected between the parties, another sum of ` 1,00,000/- would be paid to respondent No.2 at the time of grant of divorce on the basis of mutual consent. Respondent No.2 has submitted that she has got 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]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 the criminal proceedings to continue.
Accordingly, the present petition is allowed. FIR No. 247 dated 14.4.2007 (Annexure P-1), under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], registered at Police Station City Bhiwani, District Bhiwani and all the consequential proceedings, arising therefrom, are quashed.
([ENTITY]) JUDGE July 20, 2011 [ENTITY]