VIKAS PRABHAKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 188 dated 29.9.2007 (Annexure P-1), registered at Police Station Sarabha Nagar District Ludhiana under Sections 382, 34 of the Indian Penal Code, 1860 ('IPC' for short) and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties. Learned counsel for the petitioners has submitted that with the intervention of the relatives and respectables of the area, parties have arrived at a compromise.

(2.) Respondent No. 2, who is present in person along with his counsel, has admitted the factum of compromise effected between the parties and has stated that he has no objection in case the FIR in question is ordered to be quashed. He has tendered his affidavit in this regard on record.

(3.) As per the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab, 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. Hon'ble the Apex Court in the case of Nikhil Merchant v. Central bureau of Investigation and another, 2008 4 RCR(Cri) 102 in para Nos. 23 and 24 has held as under:-