ROHIT GULATI Vs. STATE OF UNION TERRITORY, CHANDIGARH AND ANOTHER
LAWS(P&H)-2012-7-547
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 20,2012

ROHIT GULATI Appellant
VERSUS
STATE OF UNION TERRITORY, CHANDIGARH AND ANOTHER Respondents

JUDGEMENT

- (1.) Rohit Gulati, the petitioner has brought this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 60 dated 9.3.2012 registered at Police Station, Sector 17, Chandigarh for an offence punishable under sections 420, 467, 468, 471 read with section 120-B of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.
(2.) On notice of the petition, besides learned counsel for Union Territory, Chandigarh the complainant Mr. Sukhbir Kaur Bajwa has appeared before me alongwith Mr. Aseem Gupta, Advocate. She has filed her affidavit admitting that the matter has been compromised between the parties. Learned counsel for respondent No.1/Union Territory, Chandigarh has admitted that the matter between the petitioner and respondent No.2 stood compromised.
(3.) Compromise between the parties resolves their pending disputes which ultimately brings peace and harmony between the warring factions and restores tranquility in the society. Earlier, with regard to the matrimonial offences, it has been held by this court in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426that even if the matrimonial offence is non compoundable, a case regarding the same could be quashed on the basis of compromise between the parties to achieve the aforesaid object. However, the question arose as to whether quashing of cases for non-compoundable offences other than matrimonial offences, could be allowed and a Larger Bench of five Honble Judges of this court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 3 RCR(Cri) 1052, has taken the following decision in the matter:- "29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.";


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