HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.93 dated 11.8.2005 (Annexure P-1), under Sections 323/ 506/ 34 of the Indian Penal Code, 1860 ('IPC' for short) registered at Police Station Sadar Gohana District Sonepat and criminal complaint No.493/1 of 2005 dated 5.11.2005 titled as Raj Kumar vs. Hawa Singh and others under Sections 323, 324, 307, 452, 148, 149/34 IPC (Annexure P-4) and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

(2.) LEARNED counsel for the petitioners has submitted that it is a case of version and cross-version. Rajwanti, petitioner No.2, has also filed a complaint against respondents No.2 to 4 and their co- accused. Now with the intervention of the relatives and friends, parties have arrived at a compromise. In terms of the compromise, petitioner No.2 shall withdraw the said complaint against respondents No.2 to 4 and their co-accused. In the State case, challan was not presented under Section 307 IPC. It is only in the private complaint that offence under Section 307 IPC was added. However, later on the State case as well as the complaint case were clubbed together and charges were framed against the petitioners. No offence under Section 307 IPC was made out in the facts of the present case and due to this reason, the challan was not presented in the State case under Section 307 IPC.

(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.