- (1.) This is a petition under Section 482 Cr.P.C. for quashing FIR No. 19 dated 31.1.2001 under Sections 363/366/34 IPC registered at Police Station B-Division, Amritsar.
(2.) Shri Harbhajan Singh-complainant, petitioner-Rajesh Kumar and Navjot Kaur daughter of the complainant are present in the Court. The complainant is identified by A.S.I. Harnam Singh, who is also Investigating Officer of this case. The complainant made a statement that he has no objection if the FIR No. 19 dated 31.1.2001 registered on his statement is quashed. The petitioner- Rajesh Kumar has married with his complainant daughter namely Navjot Kaur.
(3.) There is no provision of compounding an offence in non-compoundable offences in the Code of Criminal Procedure but in State of Karnataka v. L. Muniswamy, 1977 AIR(SC) 1489, their Lordship has 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 realization of the object and purpose of the provision which seeks to save the inherent powers of the High Court to do justice between the State and its objects it would be impossible to appreciate the width and contours of that salient jurisdiction.";