Crl. Misc. No. M-31483 of 2009 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-31483 of 2009 Date of Decision: 20.7.2011. Gurdial Singh .......Petitioner Vs. State of Punjab and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. I.P.S.Kohli, Advocate for the petitioner. Mr. G.S.Brar, Asstt. A.G. Punjab for respondent No.1. Mr. Navjot Singh, Advocate for Mr. Hemant Bassi, Advocate for respondent No.2. Iqbal Singh in person. ..... SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the FIR No. 284 dated 21.7.2009 under Sections 420, 467, 468, 471 of the Indian Penal Code ('IPC' for short), registered at Police Station Civil Lines District Amritsar. Learned counsel for the petitioner has submitted that during the pendency of the petition, the management of the school has been changed and now a compromise has been effected between the parties. The compromise deed as well and the authority letter, whereby Iqbal Singh, Senior P.G.T Army School, Amritsar Cantt has been authorised to appear and pursue this case, has been placed on Crl. Misc. No. M-31483 of 2009 -2 - record. The original of the authority letter was shown during the course of arguments and the same has been returned to the counsel for respondent No.2. Iqbal Singh has placed on record his affidavit, wherein he has stated that the matter in dispute has been compromised and the school has 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 facets. The question which is required to be answered in this case is whether the power which independently lies with this court to Crl. Misc. No. M-31483 of 2009 -3 - 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 the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue. Accordingly, the present petition is allowed. FIR No. 284 dated 21.7.2009 under Sections 420, 467, 468, 471 IPC, registered at Police Station Civil Lines District Amritsar and all subsequent proceedings, arising thereto, are quashed. (SABINA) JUDGE July 20, 2011 Gurpreet