Crl. Misc. No. M- 4156 of 2009 {1 } In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 4156 of 2009 Date of Decision:March 24, 2009 Mohar Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: By order Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. The present case was taken up before the Mega Lok Adalat on 20.12.2008. Statement of Bhag Singh-complainant was recorded on 20.12.2008 which reads as under:- “I was injured in the above said case. Due to which the case was made against the accused. Now I have compromised with the accused with the interventions of the respectables of the society and as such the matter has been resolved. Hence necessarily permission may kindly be granted for compounding the offence against the accused. I have no objection if the criminal proceedings are quashed and the the accused may be acquitted.” Crl. Misc. No. M- 4156 of 2009 {2 } As per the statement of complainant recorded before the Mega Lok Adalat, he has no objection if the criminal proceedings are quashed and accused may be acquitted. As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. 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 Nikhil Merchant vs. Central bureau of Investigation and another JT 2008 (9) SC 192 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? Crl. Misc. No. M- 4156 of 2009 {3 } 24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S.Joshi'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.” None has appeared on behalf of the parties despite service. However, keeping in view the statement made by injured-complainant before the Mega Lok Adalat, the offence under Section 279, 337 of the Indian Penal Code is compounded. Accordingly, this petition is allowed. FIR No.110 dated 16.9.2003 under Sections 279, 337 of the Indian Penal Code registered at police Station, Anandpur Sahib and all subsequent proceedings arising therefrom are quashed. (SABINA) JUDGE March 24, 2009 PARAMJIT