Criminal Misc. No.M-4165 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-4165 of 2009 Date of decision:5.03.2009 State of Punjab ……Petitioner Versus Kuldeep Singh …..Respondent BEFORE: HON’BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. C.S.Brar, DAG, Punjab Rajive Bhalla,J.(Oral) The present petition has been placed before this Court, pursuant to a communication forwarded, by the District and Sessions Judge, Rupnagar, that as the accused and the Complainant have arrived at a compromise of their dispute during a Lok Adalat, the FIR No.29, dated 11.04.2004, registered under Sections 279, 304-A of the Indian Penal Code, at Police Station, Kurali, titled as State Vs. Kuldeep Singh be quashed. I have perused the file, the application filed by the accused, Kuldeep Singh, and the statement recorded by the Complainant, Om Parkash before the Addl. Chief Judicial Magistrate, Rup Nagar. Counsel for the State of Punjab submits that as parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR. The Complainant has stated in his statement, that parties have entered into a compromise, the offences complained of could not be compounded, as offences are non-compoundable and he has no objection, if the FIR is quashed. 1 Criminal Misc. No.M-4165 of 2009 In view of the compromise, the witnesses are not likely to support the prosecution and to permit prosecution, to carry on, would in my opinion be an exercise in futility and an unnecessary wastage of valuable Court time. In Kulwinder Singh and Others vs. The State of Punjab reported as 2007(3) RCR(Crl.)1052, a Full Bench of this Court has held that in the exercise of powers under Section 482 of the Code of the Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non-compoundable offences. In view of the facts narrated hereinabove, and as the prayer for quashing of the FIR, does not suffer from any legal impediment and is based upon a bonafide settlement, the present petition is allowed and the FIR No. 29, dated 11.04.2004, registered under Sections 279, 304-A of the Indian Penal Code, at Police Station, Kurali titled as State vs. Kuldeep Singh is quashed. A copy of this order be forwarded to the Sessions Judge, Rup Nagar, the Additional Judicial Magistrate, Rup Nagar. [RAJIVE BHALLA] JUDGE 5th March, 2009 SKaushik 2