IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-32065 of 2008 Date of decision: 7th January, 2009 Sukhjinder Singh Sukhi and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ranjan Lakhanpal, Advocate for the petitioners. Mr. Anter Singh Brar, DAG Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 114 dated 01.09.2003 registered under Sections 307, 323, 324 and 34 IPC at Police Station Bassi Pathana, District Fatehgarh Sahib. In the present case, complainant injured along with eye witnesses, has been examined by the trial Court. Present petition for quashing of FIR has been filed on the basis of compromise. In the present case, in view of the fact that the evidence of witnesses has been recorded, FIR cannot be quashed. However, the factum of compromise can always be urged before the trial Court and can be taken as a mitigating circumstance. Hon'ble Apex Court and this Court in various judgments have held that the compromise should be accorded due sanctity and should be taken as a mitigating circumstance while awarding sentence. Criminal Misc. No. M-32065 of 2008 Counsel for the petitioner contends that there are a number of judgments in favour of his contention that sentence awarded under Section 307 IPC should be reduced to already undergone. I have no doubt in my mind that if such a prayer is made before the trial Court, then the trial Court shall construe the same as a mitigating circumstance in view of the settled legal position. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 7, 2009 rps 2