Crl.M.No.21674-M of 2010 (O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.21674-M of 2010 (O&M) Date of Order: 7.9.2010 Bhupinder Kumar .....Petitioner Vs. State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sanjiv Pandey, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent No.1. Mr. A.S. Dhaliwal, Advocate for respondent No.2. JASWANT SINGH, J (ORAL) Crl.M.No.46542 of 2010 Application is allowed. Affidavit of the petitioner-accused stating that he is not involved in any other case except the present FIR is taken on record. Crl.M.No.21674-M of 2010 Prayer in the instant petition under Section 482 Cr.P.C is for quashing FIR No.99 dated 27.6.2010 under Section 380/411 IPC, P.S. Laddowal, Police District Ludhiana City on the basis of compromise dated 16.7.2010 (P.2). As per allegations in the FIR, petitioner had stolen a laptop of respondent No.2-complainant. Upon notice, respondent No.2 is present in court and has been Crl.M.No.21674-M of 2010 (O&M) #2# identified by her counsel Sh. A.S. Dhaliwal. He has stated that his laptop has been got recovered by the police and that he owns the compromise deed dated 16.7.2010 (P.2). His statement has been separately recorded whereby he no longer wishes to pursue the prosecution of the petitioners and has no objection if the present FIR and all subsequent proceedings are quashed. Learned state counsel, on instructions from HC Tarsem Singh, states that challan in the present case has been presented, however, he does not raise any serious objection keeping into account the averments of the abovesaid affidavit filed by the petitioner and the fact that the complainant is not ready to support the prosecution case. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non compoundable offences. The relevant extracts read as under:- “The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in Crl.M.No.21674-M of 2010 (O&M) #3# order to prevent the abuse of law and to secure the ends of justice.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:- “We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Crl.M.No.21674-M of 2010 (O&M) #4# Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.99 dated 27.6.2010 under Section 380/411 IPC, P.S. Laddowal, Police District Ludhiana City and all subsequent proceedings arising therefrom, are quashed. September 07, 2010 ( JASWANT SINGH ) manoj JUDGE