In the High Court of Punjab and Haryana at Chandigarh
Crl.Misc.No.M- 3820 of 2005 (O&M)
Date of decision: 13.01.2009
Santosh Kumari and another ......Petitioners
Versus
State of Haryana and another .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Satinder Khanna, Advocate,
for the petitioners.
Mr.Sidharth Sarup, AAG, Haryana.
Mr.Tejinder Joshi, Advocate,
for respondent No.2.
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SABINA, J.
Today CRM No. 40918 of 2008 was listed for hearing
praying for stay of further proceedings. However, with the consent of
the learned counsel for the parties, the main case is taken up for
hearing as the parties have arrived at a compromise.
The petitioners have filed this petition under Section 482
of the Code of Criminal Procedure for quashing FIR No.22 dated
7.1.2004 (Annexure P-1), under Sections 218, 420, 465, 466, 468,
471 and 120-B of the Indian Penal Code (“IPC”- for short) registered
at Police Station NIT Faridabad.
Learned counsel for the petitioners has submitted that a
civil litigation had also taken place between the parties and during
the pendency of RSA No.710 of 2007, a compromise was effected
between the parties. A copy of the said compromise has been
placed on record as Annexure P-10. A perusal of para 8 of the said
compromise reveals that the parties had decided that they would
withdraw all cases, civil, criminal and any nature pending before any
Crl.Misc.No.M- 3820 of 2005 (O&M) -2-
Court against each other.
Learned counsel for respondent No.2 has placed on
record an affidavit of respondent No.2 wherein, he has deposed that
he has no objection in case the FIR in question and all
consequential proceedings are quashed.
Since the parties have reached a compromise and have
decided to live in peace, present proceedings, even if allowed to
continue, would end in wasting the time of the court. 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.
Accordingly, no useful purpose would be served in
allowing these proceedings to continue. In view of above, the present
petition is allowed. The FIR No. 22 dated 7.1.2004 (Annexure P-1),
under Sections 218, 420, 465, 466, 468, 471 and 120-B IPC
registered at Police Station NIT Faridabad and all the subsequent
proceedings, arising therefrom, are quashed.
The petition is disposed of accordingly.
SABINA)
JUDGE
January 13, 2009
anita