In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M-31883 of 2009 (O&M) Date of decision: 25.8.2010 Harjap Singh and another ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Majithia, Advocate, for the petitioners. Ms.Rajni Gupta, Addl.A.G.Punjab. Mr.S.S.Khaira, Advocate, for respondents. No.2 and 3. Respondent No.2 in person. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.149 dated 2.7.2004 (Annexure P-1), under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code ('IPC' for short), registered at Police Station Sultanwind District Amritsar and subsequent proceedings arising therefrom in view of the compromise arrived at between the parties. Crl.Misc.No.M-31883 of 2009 (O&M) -2- Learned counsel for the petitioners has submitted that the parties have arrived at a compromise with the intervention of the relatives and respectables of the area. A civil dispute had arisen between the parties and the same has also been disposed of in terms of the compromise. Respondent Nos. 2 and 3 were present in Court in person along with their counsel on 25.3.2010 and had admitted the contents of the compromise and had stated that they had no objection if the FIR in question was quashed as they had been given land in terms of the compromise. Today, respondent No.2 has also appeared on behalf of respondent No.4 on the basis of General Power of Attorney executed by respondent No.4 in his favour. Photocopy of the General Power of Attorney has been placed on record (original seen and returned). Respondent No.2 has also submitted on behalf of respondent No.4 that respondent No.4 has no objection in case the FIR in question is ordered to be quashed as the land in dispute has been given to respondents No.2 to 4. Compromise (Annexure P-3) is duly signed by respondents No.2 and 3 and by respondent No.2 on behalf of respondent No.,4. 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 Crl.Misc.No.M-31883 of 2009 (O&M) -3- 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 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 Crl.Misc.No.M-31883 of 2009 (O&M) -4- 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 these proceedings to continue. Accordingly, the present petition is allowed. FIR No.149 dated 2.7.2004 (Annexure P-1), under Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Sultanwind District Amritsar, and all the subsequent proceedings, arising therefrom, are quashed. (SABINA) JUDGE August 25, 2010 anita