SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) 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.625 dated 30.11.2006, under Sections 324, 452,506 and 34 of the Indian Penal Code ( in short 'IPC') registered at Police Station City Yamuna Nagar District Yamuna Nagar and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).

(2.) Learned counsel for the petitioner has submitted that the parties have entered into a compromise with the intervention of relatives and friends. Respondent No.2 who is present in the Court along with his counsel has admitted the contents of the compromise (Annexure P-2) and has submitted that he has no objection if the FIR in question is quashed. As per the Full Bench judgment of this Court in Kulvinder Singh and others Versus State of Punjab and another, 2007 3 RCR(Cri) 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.

(3.) Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central Bureau of Investigation and another, 2008 9 JT 192 SC in para Nos.23 and 24 has held as under:-