Criminal Misc. No. M-13426 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-13426 of 2009 Date of Decision:10.07.2009 Gurmukh Singh and others .....Petitioners Vs. State of Haryana and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. G.S. Sandhu, Advocate for the petitioners. Mr. A.K. Saini, Advocate for the complainant. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Gurmukh Singh, Jarnail Singh and Goggi under Section 482 of Cr.P.C for quashing of FIR No.96 dated 10.2.2009 registered under Sections 148, 149, 452, 506, 307 of IPC and 25/27 of Arms Act at Police Station Assandh District Karnal Annexure P.1 with all consequential proceedings on the basis of compromise dated 8.5.2009 Annexure P.2. The facts in brief are that on 10.2.2009 Dr. Chander Mohan made statement before the police in the terms that today at 11:00 A.M., I was sitting in my shop. Meanwhile, Amit son of Gurbhachan Lal told me that Gurmukh Singh son of Harbans Singh armed with pistol along with his brother Jarnail Singh and Goggi alias Gug and 4-5 other persons armed with swords are coming towards my shop by saying that today I would not be spared. On hearing this, I went to a side after coming out of my shop. Then Criminal Misc. No. M-13426 of 2009 -2- Gurmukh Singh along with his companions came to my shop and gave slap blows to my compounder Sukha Singh by holding him from his throat and asked him to tell my address and said that today they will kill me. In the meantime, somebody saw me and followed me to kill. Due to fear, I ran towards the chowk and Gurmukh Singh pointed his pistol towards me as well as Sinder Singh. I fled away to rescue myself. A few people from the market i.e. Amit, Charanjit, Bhim, Jitu, Harish gathered there. On seeing this gathering, they ran away in their Safari vehicle bearing registration No.PB-10-AK-0056 by saying that today I have been escaped but they will kill me in the morning when I will go for a walk. I am apprehending danger at their hands and my life may be protected. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioners submitted with a good deal of force that no offence under Section 307 of IPC is made out and as per Annexure P.2 the affidavit of Dr. Chander Mohan complainant as well as the affidavit of Sukha Singh placed on record today, the parties have entered into compromise and sequelly, the FIR may be quashed. To controvert this submission, the learned State Counsel maintained that prima-facie the offence under Section 307 IPC is made out and that being so, the compromise may not be accepted. This contention merits rejection. Needless to say, mere slaps were given to Sukha Singh. No injury with pistol has been attributed to Gurmukh Singh. Thus prima-facie the offence under Section 307 IPC is not made out. In re: Kulwinder Singh and others v. State of Punjab and another, 2007(3) Recent Criminal Criminal Misc. No. M-13426 of 2009 -3- Reports (Criminal) 1052, it has been held by the Full Bench of this Court that “under Section 482 of Cr.P.C, the High Court has wide power to quash the proceedings even in non-compoundable offence notwithstanding the bar under Section 320 of Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.” Today, Sukha Singh has placed affidavit on record wherein he has solemnly affirmed that now due to intervention of the respectables, the matter between the petitioners and complainant Dr. Chander Mohan has been compromised, which is already on record as Annexure P.2. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others (supra), the Court is competent to quash the proceedings on the basis of compromise. Sequelly, this petition is accepted and FIR No.96 dated 10.2.2009 registered under Sections 148, 149, 452, 506, 307 of IPC and 25/27 of Arms Act at Police Station Assandh, District Karnal and all consequential proceedings arising therefrom are quashed. July 10, 2009 ( HARBANS LAL ) renu JUDGE