Crl.Misc.No. M-6649 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-6649 of 2009 Date of Decision: 18 - 3 - 2009 Harpinder Singh alias Mana .....Petitioner v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.P.B.S.Goraya, Advocate for the petitioner. Mr.A.S.Brar, DAG Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition under Section 482 Cr.P.C. has been filed seeking quashing of FIR No.172 dated 2.9.2007 registered at Police Station Beas, District Amritsar under Section 307 IPC and Sections 25, 27, 54, 59 of the Arms Act, on the basis of compromise, Annexure P-1. Counsel for the petitioner contends that a Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that once the parties have amicably resolved the dispute, continuation of criminal proceedings is an abuse of process of law. This Court on 9.3.2009 has noticed as under:- “In the present case, nobody had suffered injury. Crl.Misc.No. M-6649 of 2009 [2] Complainant has compromised the matter with the accused. Petitioner is being prosecuted under the provisions of Arms Act also. Counsel for the petitioner seeks time to assist this Court that on basis of compromise offences made out under the Arms Act can also be quashed.” Since the provisions of Arms Act are also attracted, this Court may not be able to come to the rescue of the petitioner. However, Courts have already held that compromise is one mitigating circumstance which can always be taken into consideration while determining the quantum of sentence. Number of judgments can be found where the sentence has been reduced to the period already undergone or where the offence under Section 307 IPC is not made out or a lesser offence is made, accused has/have been released on probation. Since the petitioner is facing trial for a provision under the Arms Act also, he may, if so advised, bring to the notice of the trial Court, the factum of compromise. The trial Court after verifying the factum of compromise, may take the same into consideration while determining the quantum of sentence. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) March 18, 2009. JUDGE RC