Crl. Misc. No.M-4720 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 24339 of 2011 and Crl. Misc. No.M-4720 of 2010 Date of decision:- 06.05.2011 Baljinder Singh ...Petitioner Versus State of Punjab and others ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Gurmeet Singh, Advocate for the petitioner. Mr. Munish Kumar, AAG, Punjab for respondent Nos. 1 to 3. Mr. R.K. Arya, Advocate for the complainant/respondent No. 4 RITU BAHRI J.(Oral) Crl. Misc. No. 24339 of 2011 Application is allowed as prayed for. Annexure R4/1/T is taken on record. Crl. Misc. No.M-4720 of 2010 This petition under Section 482 of the Code of Criminal Procedure is for quashing of F.I.R No. 099 dated 09.05.2005, under Sections 354, 452, (457 added later on) IPC, registered at Police Station Mukerian, District Hoshiarpur and setting aside judgment dated 28.08.2009, on the basis of compromise (Annexure P3) dated 27.10.2009 During the trial, the petitioner has been convicted for a period of one year rigorous imprisonment under Section 354 IPC and rigorous imprisonment for a period of two years and a fine of Rs.2000 under Section 457 IPC, vide judgment dated 28.08.2009 (Annexure P2). Aggrieved against this order, petitioner filed an appeal, which is pending in the Court of learned District and Sessions Judge, Hoshiarpur. Crl. Misc. No.M-4720 of 2010 -2- However, during the pendency of this appeal, the parties have entered into compromise with the intervention of respectable persons of the village. As per the compromise, the complainant has no objection if the Court acquits the petitioner. Petitioner has also stated that he will not take any action against the complainant. Complainant has also filed his affidavit stating that he has no grudge against the accused and the compromise is without any pressure. Since the offence under Sections 354 and 457 IPC were non- compoundable, they have approached this Court seeking permission to compound the offence. In compliance of order dated 08.02.2011, the parties were directed to get their statements recorded before the trial Court. In this regard, report of Sub Divisional Judicial Magistrate has been received. As per this report, complainant along with her counsel has come present and made a statement that compromise has been affected with the accused with the intervention of respectable persons of the area and does not want to initiate any proceeding against him. The complainant has also placed on record original compromise as Ex. PA. Accused Baljinder Singh also made a statement and admitted the factum of compromise. From the statements, it becomes evident that the parties have entered into volunteer compromise. In view of the compromise arrived at between the parties, the trial is likely to result into acquittal and continuous proceedings against the petitioners will be wastage of time. As per Full Bench of this Court in Kulwinder Singh and others versus State of Punjab and another 2007(3) RCR (Criminal) 1052 (P&H) has held that the Court has wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice. In a similar situated case, where the accused were convicted and during the pendency of the appeal, the parties had compromised the matter, the Hon'ble Supreme Court in Khursheed and another versus State of U.P. and Crl. Misc. No.M-4720 of 2010 -3- another 2007(4) RCR (Criminal) 495 granted permission to compound the offence under Section 325 IPC. In view of the settled proposition of law and in view of the fact that the parties have compromised the matter, there is no impediment to grant permission to the parties to compound the offence. Accordingly, the petitioner is allowed to compound the offence under sections 354 and 457 of IPC. As such the present petition is partly allowed and the petitioners are directed to appear before the Appellate Court where the appeal is pending, who shall pass an appropriate order in the light of permission having granted by this Court to the parties to compound the offence. The criminal miscellaneous petition is partly allowed. May 06, 2011 ( RITU BAHRI ) G.Arora JUDGE