Criminal Misc. No.M-6657 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-6657 of 2009 Date of decision: 14th May, 2009 Satinder Singh and another ......Petitioners Versus State of Punjab and another ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. A.S.Manaise, Advocate for the petitioners. Mr. B.B.S.Teji, AAG, Punjab for respondent no. 1. Mr. Madan Pal, Advocate for respondent no. 2. RAJIVE BHALLA, J.(Oral) Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of FIR No.134, dated 24.07.2007, registered under Sections 356, 34 of the Indian Penal Code, at Police Station City Gurdaspur, District Gurdaspur and all subsequent proceedings emanating therefrom, on the basis of a compromise. Counsel for the petitioners and counsel for respondent no. 2, the complainant, pray that as parties have settled their differences and have executed a compromise, dated 03.03.2009(AnnexureP-‘3’), therefore, the FIR and all proceedings emanating therefrom be quashed. 1 Criminal Misc. No.M-6657 of 2009 Counsel for the State of Punjab, submits that as the parties have entered into a compromise, State of Punjab does not oppose the prayer for quashing of FIR and all subsequent proceedings emanating therefrom. I have heard counsel for the parties, perused the compromise dated 03.03.2009, Annexure-P-'3', the affidavit, Annexure-P-‘4’ dated 3.03.2009 filed by the complainant and am of the considered opinion that the petitioner and respondent no. 2 have resolved their differences by a bonafide compromise, free from any fraud, coercion or undue influence. The Complainant-Dr. Sudhir Kumar, who is present in Court and has been duly identified by his counsel. He acknowledges the correctness of the compromise and affidavit, referred to hereinabove. A compromise or a settlement serves the immediate purpose of the parties, as it enables them to proceed with their lives without illwill or rancour and in peace and harmony. In view of the compromise, the witnesses are not likely to support the prosecution and therefore to permit prosecution to carry on would, in my considered opinion be an exercise in futility and an unnecessary wastage of public money and valuable Court time. A Full Bench of this Court in Kulwinder Singh and Others vs. The State of Punjab reported as 2007(3) RCR(Crl.)1052 has held that, in the exercise of powers under Section 482 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non -compoundable offences. In view of what has been stated hereinabove, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom, does not suffer from any legal impediment, the present petition is allowed and the FIR No. 134, dated 24.07.2007, registered under Sections 356, 34 of the Indian Penal Code, at Police 2 Criminal Misc. No.M-6657 of 2009 Station City Gurdaspur, District Gurdaspur, and all subsequent proceedings emanating therefrom, are quashed. [RAJIVE BHALLA] JUDGE 14th May, 2009 SKaushik 3