Criminal Misc. No. M-11646 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11646 of 2009 Date of decision: 12th May, 2009 Mohinder Singh and others ......Petitioners Versus State of Punjab and others ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Mehar Singh, Advocate for the petitioners. Mr. B.B.S.Teji, AAG, Punjab for respondents no. 1 and 2. Mr. Ginder Singh, Advocate for respondent no. 3. RAJIVE BHALLA, J.(Oral) Prayer in this petition, filed under Section 482 read with Section 320 of the Code of Criminal Procedure is for quashing of FIR No. 125, dated 5.11.2005, registered under Sections 452, 323, 148, 149 of the Indian Penal Code, at Police Station Morinda, District Ropar, and all subsequent proceedings emanating therefrom, on the basis of a compromise. Counsel for the petitioners and counsel for respondent no. 3, the complainant, pray that as parties have settled their differences and have executed a compromise(Annexure P-2), dated 26.03.2009, the FIR and all proceedings arising therefrom be quashed. The complainant, Amrik Singh son of Shri Ujagar Singh is Criminal Misc. No. M-11646 of 2009 2 present in Court and has been duly identified by his counsel. He acknowledges the correctness of the compromise, and states that he has no objection, if the FIR and all proceedings arising therefrom are quashed. Counsel for the State of Punjab submits that as the parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR and all subsequent proceedings arising therefrom. I have heard counsel for the parties, perused the compromise dated 26.03.2009 and am of the considered opinion that the petitioners and respondent no. 3 have resolved their differences by a bonafide compromise, free from any fraud, coercion or undue influence. A compromise or a settlement serves the immediate purpose of the parties, as it enables them to proceed with their lives without illwill or rancour and in peace and harmony. In view of the compromise, the prosecution witnesses are not likely to support the prosecution and therefore to permit the prosecution to carry on would, in my considered opinion be an exercise in futility and an unnecessary wastage of public money and valuable Court time. A Full Bench of this Court in Kulwinder Singh and Others vs. The State of Punjab reported as 2007(3) RCR(Crl.)1052 has held that, in the exercise of powers under Section 482 of the Code of Criminal Procedure, High Court may in appropriate cases, quash an FIR disclosing the commission of non -compoundable offences. In view of what has been stated hereinabove, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom, does not suffer from any legal impediment, the Criminal Misc. No. M-11646 of 2009 3 present petition is allowed and the FIR No. 125, dated 5.11.2005, registered under Sections 452, 323, 148, 149 of the Indian Penal Code, at Police Station Morinda, District Ropar and all consequent proceedings emanating therefrom are quashed. [RAJIVE BHALLA] JUDGE 12th May, 2009 SKaushik