IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-50369 of 2007 Date of decision : August 28, 2009 Rajinder Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ravi Malhotra, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab Mr. KS Chahal, Advocate, for complainants Balbir Singh and Bachan Singh L.N. Mittal, J. (Oral) Rajinder Singh has filed this petition under section 482 of the Code of Criminal Procedure (for short, Cr.P.C. ) for quashing of FIR No. 17 dated 5.2.2006, under sections 420, 506 IPC, Police Station Ahmedgarh, District Sangrur, in view of compromise effected between the parties. However, learned counsel for complainants Balbir Singh and Bachan Singh who were also signatories to the FIR, contends that the cheques issued by the petitioner pursuant to compromise have since been dishonoured. The factum of compounding is, therefore, contested by the respondents. Vide order dated 18.12.2008, the matter was referred to Chief Judicial Magistrate concerned for recording a finding about the Criminal Misc. No. M-50369 of 2007 -2- factum/validity of the compromise. The parties were directed to appear before the Chief Judicial Magistrate on 6.1.2009. Admittedly, the petitioner did not appear before the Chief Judicial Magistrate on 6.1.2009. In fact, counsel for the complainants aforesaid submits that the petitioner has since been declared proclaimed offender in the case. In view of the aforesaid since the quashing of FIR was sought on the basis of compromise and the factum of compromise being contested on behalf of the complainant/aggrieved persons and the petitioner did not appear before the Chief Judicial Magistrate pursuant to order of this Court for determination of the factum/validity of the compromise and also because the petitioner is proclaimed offender in the case, the instant petition is dismissed with liberty to the petitioner to raise all the pleas available to him before the trial court. ( L.N. Mittal ) August 28, 2009 Judge 'dalbir'