JASWINDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 06 dated 8.1.2010 (Annexure P-1), registered at Police Station Madhuban District Karnal under Sections 406, 420, 465, 467, 468, 471 of the Indian Penal Code, 1860 ('IPC' for short); Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

(2.) Learned counsel for the petitioner and learned counsel for respondent No.2 have submitted that the parties have amicably settled their dispute. In fact, respondent No.2 is the Regional Manager, authorized signatory of Gharda Chemical Limited Company- complainant. Petitioner and his co-accused were the partners of M/s Dashmesh Oil and Seeds, Jiwan Nagar, Sirsa. Complainant company and the firm run by the petitioners were having business dealings with each other. Now the entire amount in question has been paid by the firm run by the petitioners to the complainant company.

(3.) Respondent No.2 is present in person and has admitted the factum of compromise effected between the parties. He has also admitted the contents of his affidavit (Annexure P-3). He has further stated that he has no objection in case the FIR in question is ordered to be quashed qua petitioner as well as the other accused as the parties have amicably settled their dispute. Affidavit of respondent No.2 in this regard is already on record. As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. 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.