JUDGEMENT
-
(1.) The petitioners have filed this petition under Section 482
of the Code of Criminal Procedure, 1973 for quashing of criminal
complaint No. 34 of 2003 dated 17.4.2003 (Annexure P-9);
summoning order dated 22.5.2004 (Annexure P-10) and all the
subsequent proceedings arising therefrom.
(2.) Learned counsel for the petitioners has submitted that
during the pendency of the petition, parties have amicably settled
their dispute. Learned counsel for the petitioners has further
submitted that in terms of the compromise, petitioner No.22 shall
withdraw Criminal Appeal No. 529 of 2011 pending before this Court.
Respondent No.2, who is present in person along with his
counsel, has admitted the factum of compromise (Annexure P-21)
effected between the parties and has admitted the contents of his
affidavit (Annexure P-22). Respondent No.2 has further submitted
that he has no objection in case the complaint in question is ordered
to be quashed.
(3.) As per the Full Bench judgment of this Court in
Kulwinder Singh and others vs. State of Punjab, 2007 3 RCR(Cri) 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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.