LAWS(P&H)-2013-1-136

SURJIT SINGH Vs. STATE OF PUNJAB

Decided On January 17, 2013
SURJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) BY way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners have sought quashing of FIR No. 278 dated 28.9.2005 (Annexure P-1) registered at Police Station Sarhind District Fatehgarh Sahib under Sections 406, 420 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.) VIDE order dated 26.4.2012, parties were directed to appear before the trial court on 30.4.2012 and the trial Court was directed to record their statements and submit its report qua the genuineness of the compromise effected between the parties.

(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.