IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-12575 of 2011 DATE OF DECISION: August 19, 2011 Hira Singh ….. Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Talwinder Singh, Advocate for the petitioner Mr.R.S. Rawat, AAG, Punjab Mr.Saoibali Khan, Advocate for respondents No.2 and 3 .. RAJAN GUPTA, J.: (Oral) The petitioner has filed this petition under section 482 Cr.P.C. for quashing of FIR No.39 dated 16.2.2004 (Annexure P-1) registered under sections 279,337,338,427 IPC at police station Sadar Rajpura and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. They submit that respondents No.2 and 3 are present in court today and have been duly identified by their counsel Mr.Saoibali Khan. They have produced affidavits of Ashok Kumar (respondent No.2) and Krishna Rani (respondent No.3), which are taken on record as Mark ‘A’ and Mark ‘B’, respectively, admitting therein the Crl.Misc.No.M-12575 of 2011 - 2 - factum of compromise arrived at between the parties. It has further been stated in the affidavits that respondents No.2 and 3 have no objection if the FIR and all consequential proceedings arising therefrom are quashed. Learned counsel for petitioner as well as learned counsel for respondents No.2 and 3 submit that in view of compromise, the impugned FIR deserves to be quashed. Learned counsel for the State submits that in view of compromise, the State will not stand in the way of quashing of the FIR in question. Learned State counsel, however, submits that matter pertains to the year 2004 whereafter investigative machinery was set into motion and trial ensued. Thus, costs of the proceedings need to be imposed. Learned counsel for the petitioners undertakes to deposit Rs.15,000/-, as costs of the proceedings, with the Punjab State Legal Services Authority within two months on receipt of certified copy of this order. In view of the law laid down in Kulwinder Singh’s case (supra), the impugned FIR and subsequent proceedings pursuant thereto are hereby quashed subject to petitioners’ complying with the undertaking aforesaid. August 19, 2011 ( RAJAN GUPTA ) pc JUDGE 2