IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24456 of 2009 Date of decision:March 25, 2010 Jarnail Singh Petitioner Versus State of Punjab and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Ms. G.K. Mann, Advocate for the petitioner Mr. P.S. Bajwa, DAG Punjab for the respondent – Sate Mr. S.S. Majithia, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 298 dated 4.10.2005 registered at Police Station Payal, District Ludhiana under Sections 498-A, 506 IPC on the basis of affidavit dated 28.8.2009 (Annexure P-2) given by complainant . Complainant – Harmit Kaur is present in the Court who has been identified by his counsel and has stated in the Court that she has no objection, if the present FIR is quashed, as the matter has been compromised with the petitioner and now she does not want to pursue the case. Learned counsel for the complainant submits that keeping in view the interest of both the parties, the matter has been compromised and the complainant does not expect much more than to lead dignified life at the hands of petitioner who has also agreed to cooperate with all sensible mind and in future he would try to improve himself if anything is there. In view of the statement made by respondent No. 2, no purpose would be served if the case is tried, as per the compromise Crl. Misc. No. M-24456 of 2009 2 respondent No. 2 will not support the case of the prosecution and it will merely be a sheer wastage of precious time of this Court. It has been observed by Hon'ble the Supreme Court of India in Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by Hon'ble the Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.P.C. to allow compounding of non- compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 298 dated 4.10.2005 registered at Police Station Payal, District Ludhiana under Sections 498-A, 506 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 25.03.2010 JUDGE reena