LAWS(P&H)-2013-1-488

VIPUL MALHOTRA Vs. STATE OF HARYANA AND ANOTHER

Decided On January 29, 2013
VIPUL MALHOTRA Appellant
V/S
State Of Haryana And Another Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.122 dated 7.4.2009 (Annexure P-1), registered at Police Station Model Town, Panipat under Sections 498-A/ 406/ 506/ 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.

(2.) Learned counsel for the petitioner has submitted that with the intervention of the relatives and respectables of the area, parties have arrived at a compromise Respondent No.2, who is present in person along with her counsel, has admitted the factum of compromise effected between the parties and has stated that she has no objection in case the FIR in question is ordered to be quashed. She has tendered her affidavit on record in this regard.

(3.) 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.