Crl.Misc. M.No. 10927 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 10927 of 2011 (O&M) Date of Decision: July 07, 2011 Rakesh Kumar ...........Petitioner Versus State of Punjab and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Petitioner in person along with his counsel. Mr.Sanjeev Gupta, Advocate for the petitioner. Mr.R.S.Rawat,Assistant Advocate General,Punjab Respondent No.2 in person along with her counsel Mr.Gaurav Singla,Advocate for respondent No.2 ** Sabina, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 09 dated 11.2.2011 under Sections 420, 406, 376, 506 of the Indian Penal Code (`IPC' for short) and Section 24 of the Immigration Act registered at Police Station Talwandi Choudharian, District Kapurthala (Annexure P1) and subsequent proceedings thereto on the basis of compromise dated 20.2.2011 (Annexure P5). Learned counsel for the petitioner has submitted that the petitioner was a young man aged 24 years and was unmarried.Respondent No.2 was a married lady, aged about 35 years and had been falsely involved in this case Crl.Misc. M.No. 10927 of 2011 (O&M) 2 due to some money dispute. Now, with the intervention of relatives and friends, parties have arrived at a compromise. Respondent No.2 is present in person along with her counsel, and has admitted the contents of her affidavit. Respondent No.2 has further submitted that the FIR had been got registered by her under pressure as money dispute was pending between the parties. Respondent No.2 has further stated that she has no objection, if the FIR in question is ordered to be quashed. 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 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 Crl.Misc. M.No. 10927 of 2011 (O&M) 3 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 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.” Normally the FIR under Section 376 of the Indian Penal Code is not liable to be quashed on the basis of compromise as offence of rape is an offence against the Society as a whole. However, the facts and circumstances of the present case require that the FIR in question be quashed on the basis of compromise effected between the parties. Respondent No.2 has stated that the FIR was got registered by her due to pressure as money dispute was pending between the parties. Petitioner is a young man aged 24 years. Since the parties have arrived at a compromise in order to Crl.Misc. M.No. 10927 of 2011 (O&M) 4 live in peace, no useful purpose would be served by proceeding further with the criminal proceedings. Accordingly, this petition is allowed. FIR No. 09 dated 11.2.2011 under Sections 420, 406, 376, 506 IPC and Section 24 of the Immigration Act registered at Police Station Talwandi Choudharian District Kapurthala as well as the subsequent proceedings arising therefrom,are quashed . ( Sabina ) Judge July 07,2011 arya