Crl. Misc. No. M- 4096 of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 4096 of 2009 Date of Decision:March 25, 2009 Zakir Hussain and others ---Petitioners versus State of Haryana and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Jatinder Dhanda,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana Mr.Sunil Saharan, Advocate, for respondents No. 2 to 6 *** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.) for quashing of FIR No. 264 dated 30.6.2006 under Sections 323, 325,307,506 and 34 of the Indian Penal Code registered at Police Station, Barwala, District Hisar . Learned counsel for the petitioners has submitted that inadvertently respondent No. 2 has been arrayed as party-respondent Crl. Misc. No. M- 4096 of 2009 -2- although he has died and his name be deleted from the array of respondents. Accordingly, the name of respondent No. 2 is deleted from the array of respondents. Learned counsel for the parties state that it is a case of cross version although the parties are facing criminal proceedings against each other with regard to the alleged occurrence dated 30.6.2006. Now with the intervention of the relatives and friends they have compromised the matter in order to live in peace. Parties are also present in person. Learned counsel for the petitioners has placed on record the affidavits of Zakir Hussain, Mahender Singh and Surjit Singh, to the effect that the matter has been compromised between the parties. Respondents No. 3 to 6 are present in the court along with their counsel and have also placed their affidavits on record wherein they have stated that they have no objection in the FIR in question is 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 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 Crl. Misc. No. M- 4096 of 2009 -3- 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? 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.” Since it is a case of cross version and the parties have arrived at a compromise, no useful purpose would be served if the proceedings are allowed to continue. Accordingly, this petition is allowed FIR No. 264 dated 30.6.2006 under Sections 323, 325,307,506 and 34 of the Indian Penal Crl. Misc. No. M- 4096 of 2009 -4- Code registered at Police Station, Barwala, District Hisar as well as the cross version of the same under Sections 323,324,452 IPC on the basis of complaint made by Zakir Hussain and all consequential proceedings arising therefrom are quashed. (SABINA) JUDGE March 25, 2009 PARAMJIT