IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-30119 of 2008 Date of decision : August 26, 2009 Joginder Singh and others ....Petitioners versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vikas Bahl, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1 Mr. Chanderhas Yadav, Advocate for respondent no. 2 L.N. Mittal, J. (Oral) Joginder Singh and 14 others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of Criminal Complaint No. 65/1 of 2005 dated 20.4.2005 under sections 323, 324, 452, 427, 148, 149 IPC, Police Station Banga (Annexure P/3) along with summoning order dated 11.5.2006, Annexure P/5/A, in view of compromise Annexure P/1 effected with complainant-respondent no. 2. Vide order dated 17.3.2009, it was observed that petitioner Nos. 10 and 11 had been declared proclaimed offenders and counsel for the petitioners submitted that petitioner nos. 10 and 11 would appear before the trial court within one month. However, petitioner Nos. 10 and 11 have not complied with said order and have not appeared in the trial court. Criminal Misc. No. M-30119 of 2008 -2- Consequently, the instant petition qua petitioner nos. 10 and 11 is dismissed for non-compliance with the undertaking and order of this Court. Learned counsel for complainant-respondent no. 2 states that the parties have effected compromise Annexure P/1 and therefore, respondent no. 2 has no objection to the quashing of the impugned criminal complaint. In appropriate cases, criminal prosecution can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. In the instant case, there are cross-cases between the parties which have been settled and there is also FIR case against the petitioners which has also been settled. It is, accordingly, a fit case in which criminal complaint should be quashed, in view of the compromise. In view of the aforesaid, the instant petition is allowed and the impugned Criminal Complaint No. 65/1 of 2005 dated 20.4.2005 under sections 323, 324, 452, 427, 148, 149 IPC, Police Station Banga (Annexure P/3) along with summoning order dated 11.5.2006, Annexure P/5/A, are quashed as against the petitioners except petitioner nos. 10 and 11, along with all consequential proceedings arising therefrom. ( L.N. Mittal ) August 26, 2009 Judge 'dalbir'