Punjab-Haryana High Court
Sukhdev Ram @ Sukhdev Singh @ Nikke & ... vs State Of Punjab And Another on 29 July, 2011
Author: Sabina
Bench: Sabina
Crl.Misc.No.M-14614 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-14614 of 2011 (O&M)
Date of Decision:July 29,2011
Sukhdev Ram @ Sukhdev Singh @ Nikke & others...........Petitioners
Versus
State of Punjab and another ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Rajesh K.Kapila, Advocate for the petitioners
Mr. G.S.Brar, Assistant Advocate
General, Punjab
Respondents No.2 to 4 in person along with theircounsel-
Mr.A.S.Barnala, Advocate for
Mr.Ritesh Pandey,Advocate for respondent No.2
**
Sabina, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of FIR No.76 dated 21.5.2010 under Sections 323,324,325,452,148,149 of the Indian Penal Code (`IPC' for short) registered at Police Station Tanda, District Hoshiarpur(Annexure P1) and all consequential proceedings thereto on the basis of compromise between the parties (Annexure P4).
Learned counsel for the petitioner has submitted that now, with the intervention of relatives and friends, the parties have arrived at a compromise .
Respondents No.2 to 4, who are present in person along with their counsel, have admitted the factum of compromise between and have Crl.Misc.No.M-14614 of 2011 (O&M) 2 tendered their affidavits wherein they have stated that they have no objection if the FIR in question is ordered to be 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 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 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?Crl.Misc.No.M-14614 of 2011 (O&M) 3
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 in order to live in peace, no useful purpose would be served by proceeding further with the criminal proceedings.
Accordingly, this petition is allowed. FIR No.76 dated 21.5.2010 under Sections 323,324,325,452,148,149 IPC registered at Police Station Tanda, District Hoshiarpur as well as the subsequent proceedings arising therefrom,are quashed .
( Sabina ) Judge July 29, 2011 arya