CRM-M- No.5452 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- No. 5452 of 2011 Date of Decision : 14.11.2011 Amit Kumar and others …Petitioners Versus State of U.T. Chandigarh and another …Respondents ………. CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mr. Karan Pathak, Advocate for the petitioners. Mr. Sarfraj Hussain, Advocate, for U.T. Chandigarh. *** Alok Singh, J. (Oral) Petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of FIR No. 44 dated 03.03.2010, under Sections 420,406,120-B of IPC, Police Station Sector 3, Chandigarh, in view of the compromise executed between the parties. The present case was registered on the complaint of Naresh Kumar to the effect that M/s Shri Om Sai Nath Company has allured and cheated him. The cheques, issued by the said company, were also bounced and ultimately the complainant filed a case against the company and others. The matter was investigated and ultimately on 13.10.2010 both the parties have settled their dispute and compromised the matter. As per the affidavit of the complainant, that he has received back his entire money from the accused-petitioners and he does not want to pursue with the said criminal case and that he has no objection if the offence is compounded. Five Judges' Bench of this Court in the case of Kulwinder Singh CRM-M- No.5452 of 2011 2 and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that High Court has wide power to quash the proceedings even in non-compoundable offence notwithstanding the bar under Section 320 Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice; power under Section 482 Cr.P.C. has no limits. It has further been held by five Judges' Bench of this Court that where High Court feels that quashing is required to prevent the abuse of the process of any Court and otherwise to secure the ends of justice, High Court may quash the criminal proceedings. Admittedly, offence under Section 406 and 420 IPC are compoundable with the permission of the Court and the matter can be compromised by the person who has been cheated. In the present case also respondent No.2 has stated by way of an affidavit that he has compromised the matter with the petitioners and he has no objection if the offence is compounded in view of the law laid down by the full Bench of this Court in Kulwinder Singh (supra); and in view of the fact that the petitioners-accused have returned the money to the complainant; and they have compromised the matter; therefore, in my opinion, it is a fit case where the FIR in question must be quashed so that the petitioners-accused may not suffer protracted criminal trial. In view of this, present petition is allowed. Consequently, FIR No. 44 dated 03.03.2010, under Sections 420, 406, 120-B IPC, Police Station Sector-3, Chandigarh is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed. ( Alok Singh ) November 14, 2011 Judge Anand