CRM No. M-30327 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM No. M-30327 of 2009 Date of Decision: 09.12.2009 Kewal Krishan and others ....Petitioners Versus State of Punjab and another ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. R.S. Athwal, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. Mr. Avtar Singh Khinda, Advocate for respondent No.2. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for the grant of permission to compound the offences on the basis of compromise P-3. The complaint was registered under Section 323, 379, 427, 452, 506 and 149 IPC. An application to compound the offence under Section 452 IPC was moved by the complainant. However, the same was dismissed by the Judicial Magistrate Ist Class, Nawanshahr, vide order dated 31.07.2009 on the ground that the said offence was not compoundable. The facts are that the Civil court had ordered to maintain CRM No. M-30327 of 2009 2 status-quo regarding possession and construction etc. on 24.08.2004 and Kewal Krishan, accused had been duly served with the said order and he had appeared in the said Civil Suit. Gian Chand was the husband of the complainant and he expired on 17.10.2004 and after his death, the complainant and her sons namely Rakesh Kumar and Balwinder Singh came into possession of the said property being co-owners of the same. The said order of stay had not been vacated so far. On 14.11.2004 at about 2.30 p.m., all the accused along with few unknown persons while forming an unlawful assembly and after making preparation for causing injuries to the complainant and her aforesaid sons, entered into the aforesaid house with intent to commit an offence and in furtherance of the same, they demolished both the rooms of the said house and had stolen the two beddings so kept in the wooden box (SANDOOK) by the complainant while breaking the lock of the same. It has been brought to the notice of the Court that the Civil Court has passed the judgment and decree dated 02.08.2007 in favour of the petitioner and the complainant party withdrew the appeal filed by them on account of the compromise. In fact, on account of the finding of the Civil Court, no offence under Section 452 IPC will be made out. Even otherwise, the respondent No.2 has no objection, if the said offence is compounded. This Court, in the case of Kulwinder Singh and others vs. State of Punjab and another (P&H) (LB) 1052, held that the power under Section 482 Cr.P.C. cannot be limited to the matrimonial cases alone and the Court has a wide power to quash the proceedings even notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. In the case and dispute as in the present case, while exercising the powers of inherent jurisdiction under Section 482 of the Cr.P.C., there is no reason as to why the said offence under Section 452 CRM No. M-30327 of 2009 3 I.P.C. should not be allowed to be compounded. In view of the same, since the matter is pending before the Judicial Magistrate Ist Class, Nawanshahr, the petition is allowed and the petitioners are granted permision to compound the offence on the basis of compromise P-3 dated 16.05.2009. Parties shall appear before the Court of Judicial Magistrate Ist Class, Nawanshahr, on the date already fixed. Allowed in the above said terms. (NIRMALJIT KAUR) 09.12.2009 JUDGE gurpreet