IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No. M-604 of 2010 Date of decision: 11.3.2010 Ravi ......Petitioner Vs. State of Haryana and another ...Respondents CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.Gaurav Kathuria, Advocate, for the petitioner. Mr.S.S.Mor, Deputy Advocate General, Haryana. Mr.Navjeet Singh, Advocate for respondent No.2 Mukesh Kumar. **** ORDER The present petition is for quashing of FIR No. 112 dated 7.3.2009 under Sections 498-A and 304-B IPC registered at Police Station Old Faridabad and all consequential proceedings arising therefrom on the basis of compromise Anneuxre P-2 with the petition and affidavit of the complainant Mukesh Kumar son of Shiv Kumar. Notice of motion was issued on 12.1.2010. On 3.3.2010 complainant Mukesh Kumar was present in Court and stated that he did not want to pursue the proceedings in future and he has no objection in quashing of the FIR registered against the petitioner. The matter was adjourned and mother of the deceased was also directed to remain present in Court on the next date of hearing. Today, Smt. Shyama, the mother of the deceased, as well as complainant Mukesh Kumar, brother of the deceased, are present in Court and on the asking of the Court, they have specifically stated that they are not Crl.Misc. No. M-604 of 2010 [2] interested in pursing the proceedings any more as the matter has already been compromised between them. It has also been stated by complainant Mukesh Kumar that his other sister is also married in the same family with the brother of petitioner and with the intervention of the respectable members of the village, the matter has been compromised. Since the matter has been compromised between the parties and the complainant and mother of the deceased have no objection in quashing of the FIR and moreover no purpose would be fulfilled by continuing the proceedings in future as the complainant is not going to support the case of the prosecution and it will be a sheer wastage of precious time of the Court. It has been observed by Hon'ble the Apex Court in Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney (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 the Hon'ble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh v. State of Punjab 2007(3) R.C.R. (Cri) 1052 that compounding of offence which are not compoundable under Section 320(9) Cr.P.C., offence non- compoundable but parties entering into compromise, High Court has the power under Section 482 Cr.P.C. to allow the compounding of non- compoundable offences and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of Court or to otherwise secure the ends of justice. Keeping in view the fact that both the parties have effected a Crl.Misc. No. M-604 of 2010 [3] compromise and continuance of proceedings before the trial Court will be an abuse of the process of the Court, this petition is allowed and FIR No. 112 dated 7.3.2009 under Sections 498-A/304-B IPC registered at Police Station Old Faridabad and all consequential proceedings arising therefrom are quashed. (DAYA CHAUDHARY) JUDGE March 11, 2010. raghav