IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.14530 -M of 2009 DATE OF DECISION : FEBRUARY 26, 2010 KULWANT SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. PS Khurana, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. Mr. Arun Singla, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of case FIR No.239 dated 22.11.2001 under Sections 295-A, 323, 452, 506, 354, 148, 149, Indian Penal Code, Police Station, Sirhind, District Fatehgarh Sahib (Annexure P-1). Learned counsel for the petitioners has pointed out that there has been delay in trial because two of the persons were declared proclaimed offenders. The said accused had gone abroad. Be that as it may, they Criminal Misc. No.14530 -M of 2009 2 submitted to the process of law and were allowed bail. Learned counsel for the petitioners contends that all the disputes have been settled amicably by way of compromise (Annexure P- 5). Learned counsel for respondent No.2/complainant has filed the affidavit of Ajit Singh (respondent No.2), sworn on 29.7.2009, and endorses the compromise (Annexure P-5). Learned counsel for respondent No.2 further states that the compromise has been effected without any force, pressure or coercion and respondent No.2 would have no objection if the FIR at issue is quashed. I have considered the issue. Learned counsel for the respondent-State has also stated that if the matter is quashed on the basis of compromise, the State would have no objection. Considering the nature of offences, the stand of respondent No.2, as brought out in terms of compromise (Annexure P-5) and affidavit of respondent No.2, to which reference has been made above, continuance of proceedings would not serve any purpose. Respondent No.2 is the victim and the most relevant witness, who is not ready to prosecute the petitioners. In such circumstances, continuance of trial shall be an exercise in futility. Considering the totality of facts and circumstances of the case and the law laid down in Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Criminal) 1052, the petition is allowed. FIR No.239 dated 22.11.2001 under Sections 295-A, 323, Criminal Misc. No.14530 -M of 2009 3 452, 506, 354, 148, 149, Indian Penal Code, Police Station, Sirhind, District Fatehgarh Sahib (Annexure P-1), order dated 13.9.2004, passed by the SDJM, Fatehgarh Sahib, and subsequent proceedings are hereby quashed. February 26, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?