IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-24845 of 2009 (O&M) Date of decision : 20.1.2010 M/s Shanti Trading Company … Petitioner Versus State of Haryana and another …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Ms.Tanu Bedi, Advocate for the petitioner. Mr.Harinder S.Beniwal, DAG, Haryana. Mr.Shailendra Sharma, Advocate for respondent No.2. Sabina J. Crl.Misc.No.1808 of 2010 Application is allowed. Compromise deed (Annexure P2/1) is taken on record. Crl.Misc.No.M-24845 of 2009 This petition has been filed under Section 482 of the Code of Criminal Procedure ('Cr.P.C. for short) for quashing FIR No.392 dated 10.10.2008, under Sections 406/420 of the Indian Penal Code, registered at Police Station City, Sonepat (Annexure P-6) and all other consequential proceedings arising therefrom on the basis of compromise effected between the parties (Annexure P2/1). Learned counsel for the petitioner has submitted that now the parties have entered into a compromise. Earnest money which was received in view of the agreement to sell in question has been returned to the complainant. Mr.C.P.Sharma is present in person on behalf of respondent No.2 along with his counsel and has admitted the contends of the compromise Crl.Misc.No.M-24845 of 2009 (O&M) and has submitted that payment in dispute has been received by respondent No.2 and has no objection if the FIR in question is 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 Me rchant 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 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 settled their dispute and the earnest money which was received in view of the agreement to sell in question has been returned to the complainant in terms of the compromise deed (Annexure 2 Crl.Misc.No.M-24845 of 2009 (O&M) R-2/1), no useful purpose would be served by continuing with the criminal proceedings in question. Accordingly, this petition is allowed. FIR No.392 dated 10.10.2008, under Sections 406/420 of the Indian Penal Code, registered at Police Station City, Sonepat (Annexure P-6) and all other consequential proceedings arising therefrom on the basis of compromise effected between the parties (Annexure P2/1) are quashed. [ Sabina ] Judge 20.1.2010 sd 3