CRM-M-22117 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-22117 of 2009 (O&M) DATE OF DECISION: 10.11.2009 **** Kaushal Kamboj and others . . . . Petitioners VS. State of Haryana and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Johan Kumar, Advocate for the petitioners. Mr.Amit Khatkar, AAG, Haryana. Mr.Vikram Singh, Advocate for respondent No.2. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C’) for quashing of FIR No.59 dated 29.01.2008 registered under Sections 323, 324, 326, 427, 506 & 34 of Indian Penal Code (in short ‘IPC’) at Police Station Civil Lines Karnal, District Karnal, and subsequent proceedings arising therefrom on the basis of a compromise (Annexure P-2). Notice of motion was issued, pursuant to which a reply has been filed by respondent No.1. Learned counsel for the petitioners has argued that due to the intervention of the respectables and the elders, a compromise (Annexure P-2) has been effected between the parties on 1.8.2009. He further submits that Sections 323, 427 and 506 IPC are compoundable under Section 320 of the Cr.P.C. but Sections 324 and 326 IPC are non- compoundable. However, in view of the decision of the Full Bench of this Court reported as Kulwinder Singh & Others vs. State of Punjab CRM-M-22117 of 2009 - 2 - and others, 2007(3) RCR (Criminal) 1052, even non-compoundable offence can also be compounded if the parties have resolved their dispute. All the three petitioners, namely, Kaushal Kamboj (petitioner No.1.), Vimeet Deswal (petitioner No.2) and Sudhir (petitioner No.3) are present in the Court, who have been identified by their Advocate Mr.Johan Kumar whereas Ashwani (complainant/respondent No.2), who is also present in the Court, has been identified by his Advocate Mr.Vikram Singh. I have asked the petitioners as well as complainant/respondent No.2 about the compromise to which they have stated that the compromise has been effected and there is no change in it till date. It is now well settled that the finest hour of the justice is the hour of compromise and this Court in the case of Kulwinder Singh (supra) has already held that even a non-compoundable offence can also be compounded. Since a compromise has been effected between the parties, therefore, the proceedings before the trial Court, henceforth, shall be an exercise in futility. In view of the above, the present petition is allowed and FIR No.59 dated 29.01.2008 alongwith all the subsequent proceedings arising therefrom are hereby quashed. (RAKESH KUMAR JAIN) NOVEMBER 10, 2009 JUDGE vivek