Criminal Misc. No.8190 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Misc. M No.8190 of 2009 Date of Decision: May 07, 2009 Balwinder and others ...........Petitioners Versus State of Haryana and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Parminder Singh,Advocate, for the petitioner. Ms.Maloo Chahal, DeputyAdvocate General, Haryana Mr.Rakesh Gupta, Advocate for respondents No.2 and 3 ** Sabina, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 408 dated 10.12.2001 under Sections 365,323,148,149,506 IPC registered at Police Station Sadar Karnal,District Karnal (Annexure P1) and all subsequent proceedings arising therefrom on the basis of compromise/settlement dated 28.2.2009(Annexure P2) duly effected between the parties. Learned counsel for the petitioners has submitted that with the intervention of the friends and relatives, the parties have arrived at a compromise (Annexure P2). Criminal Misc. No.8190 of 2009 2 Learned counsel for respondents No. 2 and 3 have admitted the contents of the compromise as well as the affidavits of respondents No. 2 and 3. Learned counsel has placed on record the original compromise effected between the parties. 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 facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash Criminal Misc. No.8190 of 2009 3 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 the parties have now amicably settled their dispute, no useful purpose would be served in allowing these proceedings to continue. Accordingly, this petition is allowed. FIR No. 408 dated 10.12.2001 under Sections 365,323,148,149,506 IPC registered at Police Station Sadar District Karnal (Annexure P1) and all the subsequent proceedings, arising therefrom, are quashed. (Sabina) Judge May 07, 2009 arya