IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17272 of 2009 Date of decision : 22.2.2010 Ramesh Kumar alias Mesha and others … Petitioners Versus State of Haryana …Respondent CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.J.S.Chahal, Advocate for the petitioners. Mr.Harinder S.Beniwal, DAG, Haryana. None for the complainant. Sabina J. This petition has been filed under Section 482 of the Code of Criminal Procedure ( in short ‘Cr.P.C.) for quashing of the FIR No.140 dated 27.10.1998, under Sections 323, 341, 148, 149, 452 and 506 of the Indian Penal Code ( in short ‘IPC’) registered at Police Station Sadhaura, District Yamuna Nagar and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) On 15.12.2009, the following order was passed by this Court:- “On consensual basis, it is ordered that the parties shall make their statements before the learned Chief Judicial Magistrate, Yamunanagar owning up the compounding on 25.1.2010. After recording their statements, the Chief Judicial Magistrate, Yamunanagar shall forward the papers to the Registry of this Court. Adjourned to 05.02.2010.” In terms of the above order, the Chief Judicial Magistrate, Yamunanagar has recorded the statement of Chanchal Gupta-complainant who has stated that a compromise has been effected between the parties and he has no objection if the FIR in question registered against the accused is quashed. Kamlesh alias Bobby also made a statement before the Chief Judicial Magistrate, Yamunanagar that the parties have effected a compromise and he Crl.Misc.No.M-17272 of 2009 did not want to proceed against the accused and the case against them be finished. Since the complainant-Chanchal Gupta as well as Kamlesh @ Bobby have made their statement before the Chief Judicial Magistrate admitting the contents of the compromise and further stating that the FIR in question be quashed, no useful purpose would be served by proceeding further with the criminal proceedings. As per the Full Bench judgment of this Court in Kulvinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (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 Apx Court in the case of Nikhil Merchant 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 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 2 Crl.Misc.No.M-17272 of 2009 (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filed 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.” Accordingly, this petition is allowed. FIR No.140 dated 27.10.1998, under Sections 323, 341, 148, 149, 452 and 506 of the Indian Penal Code ( in short ‘IPC’) registered at Police Station Sadhaura, District Yamuna Nagar and all the subsequent proceedings arising therefrom are quashed qua petitioners No.1 to 6. [ Sabina ] Judge 22.02.2010 sd 3