IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 1148 of 2009 Date of Decision: February 20, 2009 Joginder alias Joga ...........Petitioner Versus State of Haryana and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.J.S.Saneta Advocate for the petitioner. Mr.Sidharath Sarup,Assistant Advocate General, Haryana Mr.Vinod Bhardwaj, Advocate for respondent No.2 ** Sabina, J. Petitioner -Joginder alias Joga has filed this petition seeking quashing of FIR No. 408 dated 21.12.2008 under Sections 323, 307, 506 of the Indian Penal Code (`IPC' for short) registered at Police Station Samalkha, District Panipat and all further proceedings arising out of the said FIR on the basis of compromise between the parties dated 8.1.2009 (Annexure P3). Learned counsel for the petitioner has submitted that now with the intervention of relatives and friends, parties has arrived at a compromise. Respondent No.2-Naresh Kumar, who is present in person along with his counsel, has placed on record reply by way of an affidavit, wherein it has been stated that he has no objection, if the FIR in question is quashed. As per the Full Bench judgment of this Court in Kulwinder Crl. Misc. M No. 1148 of 2009 -2- 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 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. M No. 1148 of 2009 -3- 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 Criminal Misc. No.30801 of 2008 (O&M) 6 arrived at between the parties would be a futile exercise.” Since the parties have arrived at a compromise, in order to live in peace, no useful purpose would be served by proceeding further with the criminal proceedings. Accordingly, this petition is allowed. FIR No. 408 dated 21.12.2008 registered at Police Station Samalkha, District Panipat under Sections 323, 307, 506 IPC alongwith all subsequent proceedings arising therefrom are quashed . ( Sabina ) Judge February 20, 2009 arya