In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 2918 of 2009 Date of Decision:March 05, 2009 Rajbir Singh @ Raja and others ---Petitioners versus State of Punjab and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.S.S.Majitha,Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG, Punjab Mr.Jatinder Singla, Advocate, for respondents No. 2 to 4 *** 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. 7 dated 13.1.2009 under Sections 308/452/427/506/148/149 of the Indian Penal Code registered at Police Station, 'A' Division Amritsar. Reply on behalf of respondent No. 1 has been filed in court today. The same is taken on record. Learned counsel for the petitioner has submitted that the parties have arrived at a compromise with the intervention of relatives and friends. Compromise effected between the parties has been placed on record as Crl. Misc. No. M- 2918 of 2009 -2- Annexure P-2. The same is duly signed by the parties. A perusal of the same reveals that now with the intervention of panchayat, relatives and respectables, the matter has been got compromised with a view to end the enmity between both the parties. It is also averred in the compromise that the parties are closely related to each other and party No. 1 Manjit Singh, Ajit Singh and Kewal Ram do not want to take any action against party No. 2- Rajbir Singh @ Raj, Gurpreet Singh @ Gopi, Sona and Sunny and they have no objection if the FIR, in question, is quashed. Complainant-respondent No. 2, Manjit Singh is present in the court along with his counsel and counsel on behalf of respondents No. 3 and 4. Learned counsel for respondents No. 2 to 4 has placed on record the affidavits of respondents No. 2 to 4. As per the same they have 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 Crl. Misc. No. M- 2918 of 2009 -3- 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 arrived at a compromise, no useful purpose would be served by continuing the criminal proceedings, in question. Accordingly, the present petition is allowed. FIR No. 7 dated 13.1.2009 under Sections 308/452/427/506/148/149 of the Indian Penal Crl. Misc. No. M- 2918 of 2009 -4- Code registered at Police Station, 'A' Division Amritsar. and all subsequent proceedings arising therefrom are quashed. (SABINA) JUDGE March 05, 2009 PARAMJIT