LAWS(P&H)-2013-10-15

ASHWANI KUMAR UPADHYA Vs. STATE OF PUNJAB

Decided On October 11, 2013
Ashwani Kumar Upadhya Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 176 dated 30.7.2009, under Section 420, 467, 468, 471 of the Indian Penal Code ('IPC' for short), registered at Police Station Division No. 5, Civil Line, District Ludhiana and all the subsequent proceedings arising therefrom on the basis of compromise dated 4.5.2013 arrived between the parties.

(2.) LEARNED counsel for the petitioner as well as counsel for respondent No. 2 have submitted that now the parties have amicably settled their dispute.

(3.) 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.