SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 155 dated 27.6.2012, under Section 376, 366A, 420, 120B of the Indian Penal Code ('IPC for short), registered at Police Station 'A Division, Amritsar (Annexure P -1) and all the subsequent proceedings arising therefrom on the basis of compromise dated 25.2.2013 (Annexure P -2) arrived between the parties.

(2.) LEARNED counsel for the parties have submitted that although, the FIR in question was got registered by the complainant under Section 376, 366A, 420, 120B IPC, but now petitioner No. 1 has performed marriage with respondent No. 2 and they are residing together as husband and wife. In this situation, respondent No. 2 does not want to pursue with the FIR as in case, the criminal proceedings are allowed to continue, it will have an adverse effect on her marital life.

(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.