IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32519 of 2009 Date of decision : January 20, 2010 Ram Kishan and others Petitioners Versus State of Haryana and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Rakesh Gupta, Advocate for the petitioners Mr. S.S. Mor, DAG Haryana Mr. Parminder Singh, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed for quashing of FIR No. 378 dated 6.11.2009 registered at Police Station Kunjpura, District Karnal under Sections 148/149/323/325 IPC on the basis of compromise (Annexure P-2) dated 14.11.2009 between the parties. A copy of the original compromise has been filed in the Court and the same is taken on record. Both the parties are present in the Court and have been identified by their respective counsel. As per compromise, the matter has been amicably settled between both the parties and no purpose would be served if the case is tried because due to compromise respondent No. 2 will not support the case and it will be a 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 Crl. Misc. No. M-32519 of 2009 2 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 and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 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.PC. to allow 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. 378 dated 6.11.2009 registered at Police Station Kunjpura, District Karnal under Sections 148/149/323/325 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 20.01.2010 JUDGE reena