BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 141 dated 30.7.2009 (Annexure P-1), under Sections 406/ 498-A of the Indian Penal Code ('IPC' for short), registered at Police Station Sadar Ludhiana and subsequent proceedings arising therefrom in view of the compromise arrived at between the parties. Learned counsel for the petitioners has submitted that the parties have arrived at a compromise in mediation and conciliation proceedings held at Ludhiana. Respondent No.2, who is present in Court in person along with her counsel, has admitted the factum of compromise between the parties in mediation and conciliation proceedings held at Ludhiana and has submitted that she has no objection in case the FIR is ordered to be quashed. Reply by way of affidavit on behalf of respondent No.2 has also been filed, as per which respondent No.2 has admitted the factum of compromise between the parties. 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 N ikhil Merchant vs. Central bureau of Investigation and another JT 2008 (9) SC 192 in para Nos. 23 and 24 has held as under:-