SUBEGH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.123 dated 23.03.2010 (Annexure P-1) under Sections 363, 366, 120-B of the Indian Penal Code, 1860 (in short 'Act') and Section 376 IPC added later on registered at Police Station Sadar, Amritsar, District Amritsar City on the basis of compromise arrived at between the parties.

(2.) Learned counsel for the petitioner has submitted that as per the FIR itself, case of the complainant was that the petitioner had taken away the daughter of the complainant to solemnize marriage with her. However, before petitioner could solemnize marriage with respondent No.3, they were apprehended and FIR in question had been got registered against the petitioner. Learned counsel for the petitioner has submitted that now with the intervention of relatives and friends, parties have amicably settled their dispute. Learned counsel has further submitted that petitioner is 19 years old and he had love affair with respondent No.3-Manpreet Kaur.

(3.) Respondent No.2 is present in person. Respondent Nos.2 and 3 have filed their reply along with their affidavits that they have no objection if the FIR in question is ordered to be quashed. 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.