IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.4779 -M of 2011 DATE OF DECISION : AUGUST 9, 2011 SUKHWINDER SINGH ALIAS SUKHI & ANR. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sanjay Gupta, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. Mr. Rajeev Gupta, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) 1 This order shall dispose of CRM 4779-M of 2011 (Sukhwinder Singh alias Sukhi and another v. State of Punjab and another) and CRM 8161-M of 2011 (Harpreet Singh and another v. State of Punjab and another), as common questions of law and facts are involved. The petitioners in both these cases are accused in the same FIR. 2 For reference to facts, CRM 4779-M of 2011 (Sukhwinder Singh alias Sukhi and another v. State of Punjab and another), is being taken up. Criminal Misc. No.4779 -M of 2011 2 3 This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of FIR No.42 dated 19.2.1999 under Sections 323, 325, 34, Indian Penal Code, Police Station, Sadar Jalandhar, District Jalandhar (Annexure P- 1), on the basis of compromise. 4 Learned counsel for the petitioners and respondent No.2 contend that the disputes between the parties have been settled by way of compromise. In this regard, respondent No.2/complainant-Ajit Singh has sworn affidavit dated 1.6.2010 (Annexure P-2). 5 Vide order dated 24.2.2011, the parties were directed to remain present before the Illaqa Magistrate/trial court, to enable that court to record the statements of the parties and to verify whether the compromise is genuine or not. 6 Additional Chief Judicial Magistrate, Jalandhar, has forwarded report dated 8.3.2011, according to which, statements of complainant, accused persons and witnesses to the compromise have been recorded. The compromise is genuine. 7 In view of the fact that the complainant is not ready to prosecute the case, no useful purpose will be served by continuance of the proceedings. Continuance of the proceedings shall be against the spirit of peace and harmony. 8 Considering the nature of offences and other circumstances noticed above, both the petitions are allowed. 9 FIR No.42 dated 19.2.1999 under Sections 323, 325, 34, Indian Penal Code, Police Station, Sadar Jalandhar, District Criminal Misc. No.4779 -M of 2011 3 Jalandhar (Annexure P-1) and consequent proceedings are hereby quashed. August 9, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?