JAGTAR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-1-107
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 15,2013

JAGTAR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

KULWINDER SINGH AND OTHERS VS. STATE OF PUNJAB [REFERRED TO]
NIKHIL MERCHANT VS. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [REFERRED TO]
SHIJI ALIAS PAPPU VS. RADHIKA [REFERRED TO]


JUDGEMENT

SABINA, J. - (1.)BY way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners have sought quashing of FIR No. 29 dated 3.5.2012 (Annexure P-1) registered at Police Station Women Cell, District Ludhiana under Sections 406/ 498-A of the Indian Penal Code, 1860 ('IPC' for short), and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.
(2.)VIDE order dated 29.11.2012, parties were directed to appear before the trial court and the trial Court was directed to record their statements and submit its report qua the genuineness of the compromise effected between the parties.
In pursuance to the said order, the trial Court, after recording the statements of the parties, has reported that the compromise effected between the parties is genuine and without any pressure or coercion.

(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.


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