Crl. Misc. No. M-32538 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32538 of 2009 DATE OF DECISION: 17.3.2010 Vijay Verma @ Vicky @ Ors. ..........Petitioners Versus State of Punjab & Anr. ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Gurmohan Singh, Advocate for the petitioners. Mr. B.S. Sra, Addl. A.G., Punjab. Mr. Narinder Lucky, Advocate for respondent No.2. **** DAYA CHAUDHARY, J. The petitioners have filed the present petition under Section 482 Cr.P.C. for quashing of FIR No. 14 dated 19.1.2009 registered under Sections 323,452,380,506,148 and 149 IPC at Police Station Salem Tabri, District Ludhiana, on the basis of compromise dated 28.1.2009 (Annexure P-1). Respondent No.2-Kali Kanth is present in Court, who has been identified by his counsel. He has specifically stated that the matter has been compromised and he has no objection if the aforesaid FIR is quashed. In view of the statement made by respondent No.2-Kali Kanth, no purpose will be served if the case is tried because as per the compromise respondent No.2 will not support the case of the prosecution Crl. Misc. No. M-32538 of 2009 (2) and it will be sheer wastage of precious time of this Court. It has been observed by Hon'ble Supreme Court of India in Mrs. Shakuntala Sawhney Vs. Mr. Kaushalya Sawhney and others 1980 (1) SCC 63 that “the finest Hour of Justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by the Hon'ble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh Versus State of Punjab, RCR 2007 (3) 1052 that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.P.C. to allowing compounding of non-compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 14 dated 19.1.2009 registered under Sections 323,452,380,506,148 and 149 IPC at Police Station Salem Tabri, District Ludhiana and all the subsequent proceedings arising therefrom are quashed. Accordingly, the petition stands disposed of. March 17, 2010 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No