Criminal Misc. M No,.1352 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Misc. M No. 1352 of 2009 Date of Decision: April 17, 2009 Roshan Lal ...........Petitioner Versus State of Punjab and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Rakesh Kumar, Advocate for the petitioner. Mr.Amandeep Singh Rai,AAG Punjab Mr.N.S.Dadwal,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.34 dated 15.2.2005 (Annexure P1) under Sections 307/452/427/148/149 of the Indian Penal Code( `IPC' for short) at Police Station City Kapurthala on the basis of compromise . Learned counsel for the petitioner has submitted that the FIR in question has been quashed qua co-accused Arun Kumar alias Anu, Lovely alias Harvinder Singh, Sajjan and Baka alias Sanjay by this Court vide order dated 29.9.2008 in Criminal Misc. M No. 16056 of 2005 (Annexure P5) in view of the compromise effected between the parties. Now with the intervention of relatives and friends, Criminal Misc. M No,.1352 of 2009 2 complainant-Narinder Sharma did not want to proceed against the petitioner. An affidavit of Narinder Sharma by way of a short reply has been placed on record. A perusal of the same reveals that he has no objection if the FIR qua the petitioner is also quashed. As per the affidavit of Harish Wadhwa placed on record in the earlier Criminal Misc. (Annexure P4), he has deposed that he could not identify any assailants and had become unconscious. 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. Keeping in view the fact that the FIR in question has already been quashed on the basis of compromise against the co-accused who were named in the FIR whereas the present petitioner was not named in the FIR, no useful purpose would be served in allowing these proceedings to continue. In view of the above, the present petition is allowed. FIR No.34 dated 15.2.2005 under Sections 307/452/427/148/149 IPC registered at Police Station City Kapurthala and all the subsequent proceedings, arising therefrom, are quashed. (Sabina) Judge April 17, 2009 arya Criminal Misc. M No,.1352 of 2009 3 Criminal Misc. M No,.1352 of 2009 4