Crl. Misc. No. M- 12331 of 2009(O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 12331 of 2009(O&M) Date of Decision:May 12, 2009 Baljit Singh and others ---Petitioners versus State of Punjab and another ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Bhanu Parkash Singh,Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG,Punjab Mr. JBS Gill, Advocate, for respondent No. 2 *** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.')for quashing of FIR No. 67 dated 12.4.2008 under Sections 306, 120-A, 34 of the Indian Penal Code registered at Police Station, Mahilpur, district Hoshiarpur (Annexure P-1) on the basis of compromise. Learned counsel for the petitioners has submitted that Baljit Singh-petitioner No. 1 was married to Davinder Kaur in the year 1996. Petitioner 1 was residing in Dubai for the last 14/15 years and has returned Crl. Misc. No. M- 12331 of 2009(O&M) -2- to his village nine months prior to the death of Davinder Kaur. Petitioner No. 1 and Davinder Kaur were blessed with four children who are presently residing with petitioner No. 1. The deceased had not left behind any suicide note. In fact, FIR had been lodged on the basis of suspicion. Complainant-respondent No. 2 is the brother of deceased Davinder Kaur. Now the parties have settled their dispute`. Respondent No. 2 is present in person along with his counsel has admitted the contents of his affidavit(Annexure P-2) and the affidavit of his mother (Annexure P-3) and has admitted the submission made by learned counsel for the petitioners. As per affidavit of respondent No. 2 (Annexuire P-2) he 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 Merchant vs. Central bureau of Investigation and another JT 2008 (9) SC 192 in paras 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 Crl. Misc. No. M- 12331 of 2009(O&M) -3- 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.” Keeping in view the peculiar facts and circumstances of this case, FIR in question is liable to be quashed as now the parties have amicably settled their dispute and allowing the criminal proceedings to continue would be nothing but an abuse of process of court. Accordingly this petition is allowed. FIR No. 67 dated 12.4.2008 under Sections 306, 120-A, 34 of the Indian Penal Code registered at Police Station, Mahilpur, district Hoshiarpur (Annexure P-1) and all consequential proceeding arising therefrom are quashed. (SABINA) JUDGE May 12, 2009 PARAMJIT