Crl. Misc. No. M- 35323 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 35323 of 2009 Date of Decision: March 19, 2010 Balbir Singh & others ........Petitioners Versus State of Punjab & another .....Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. S.K. Sharma, Advocate for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. Sunil Agnihotri, Advocate for the respondent No.2. SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for quashing of the FIR No.144 dated 12.08.2004 (Annexure P-1), Police Station Dasuya, Hoshiarpur, under Sections 323,324,325,326,341,148 & 149 IPC and subsequent proceedings arising therefrom on the basis of compromise. Learned Counsel for the petitioners has submitted that now the parties have arrived at a compromise with the intervention of the relatives and friends. Respondent no.2 and injured Jaswinder Kaur and Baldev Singh, who are present in person in the Court along with their Counsel, have admitted the contents of the compromise (Annexure P-2), which is duly signed by them as well as by the petitioners. They have submitted that they Crl. Misc. No. M- 35323 of 2009 2 have 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 beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facts. 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 the Court in B.S. Joshi's case Crl. Misc. No. M- 35323 of 2009 3 (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 these criminal proceedings to continue. Accordingly, the present petition is allowed. The FIR No.144 dated 12.08.2004 (Annexure P-1), Police Station Dasuya, Hoshiarpur, under Sections 323,324,325,326,341,148 & 149 IPC and subsequent proceedings, arising therefrom, are quashed. (SABINA) March 19, 2010 JUDGE Anand