NIRMAL SINGH,J - (1.) THIS is a petition under Section 482 Cr.P.C. for quashing FIR No. 96 dated 12.5.1997 under Sections 406/498-A/506/323 IPC registered at Police Station, Division No. 6, Ludhiana and consequent proceeding.
(2.) THE petitioners have sought quashing on the ground that the parties have settled their dispute amicably. The learned Counsel for both the parties submitted that the parties have settled their dispute, therefore, the parties may be allowed to compound the offence as the offence under Sections 406/498-A/506 IPC are non-compoundable.
(3.) I have considered the submission made by the learned Counsel for the parties. The offence under Sections 406/498-A/506 IPC are non-compoundable but taking into consideration the circumstance of each case, the High Court exercising the powers under Section 482 Cr.P.C. can allow the compounding of the offence in non-compoundable offences. In State of Karnataka v. L. Muniswamy, AIR 1977 SC 1489, their Lordships had held as under :- "In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court's inherent powers, both in civil and criminal matters is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice. The ends of justice are higher than the ends of mere law though justice has got to be administered according to laws made by the legislature. The compelling necessity for making these observations is that without a proper realisation of the object and purpose of the provision which seems to save the inherent powers of the High Court to do justice between the State and its object it would be impossible to appreciate the width and contours of that salient jurisdiction." ;