Criminal Misc. No. M-4251 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4251 of 2009 Date of decision:19.03.2009 Gaurav and others ……Petitioners Versus State of Punjab and another …..Respondents BEFORE: HON’BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vineet Sharma, Advocate for the petitioners. Mr. Abhishekh Chautala, AAG, Punjab for the respondentz no. 1. Mr. Deepak Aggarwal, Advocate for respondent no. 2. Rajive Bhalla,J.(Oral) Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 122, dated 26.12.2008 under Sections 364-A, 342 and 34 of the Indian Penal Code, at Police Station, D-Division, Amritsar, and all subsequent proceedings arising therefrom, as parties have compromised the matter. Counsel for the petitioners and also counsel for the respondent no. 2, submit that the FIR was registered on account of a misunderstanding. Petitioners and respondent no. 2 have resolved their disputes and Puneet Kumar and Ashok Kumar, the complainant and his son have filed affidavits, Annexure P-‘2’ and P-‘3’, in support thereof. Shri Ashok Kumar, the complainant has also filed a reply by way of an affidavit dated 19.03.2009, acknowledging the correctness Criminal Misc. No. M-4251 of 2009 2 of the settlement and praying that as the FIR was registered on a misunderstanding, they have no objection, if the FIR is quashed. The complainant and his son, who are present in Court, have been duly identified by their counsel. They acknowledge the correctness of the compromise and State that they have no objection, if the FIR and proceedings emanating therefrom are quashed. Counsel for the State of Punjab submits that as the parties have entered into a compromise, the State does not oppose the prayer for quashing of FIR and all subsequent proceedings emanating therefrom. I have heard counsel for the parties, perused the affidavits dated 29.12.2008, Annexure-P-'2', P-‘3’, and reply by way of an affidavit filed by respondent no. 2 and am of the considered opinion, that the petitioners and the complainant have compromised the matter and resolved their differences. A compromise or a settlement, serves the immediate purpose of the parties, as it enables them to proceed with their lives without ill will or rancour and in peace and harmony. In view of the compromise, the prosecution witnesses are not likely to support the prosecution and to continue with the trial, would be a wastage of public money and 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 Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non -compoundable offences. In view of what has been stated herein above, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom, does not suffer from any legal impediment, the present petition is allowed and the FIR No. 122, dated 26.12.2008 Criminal Misc. No. M-4251 of 2009 3 under Sections 364-A, 342 and 34 of the Indian Penal Code, at Police Station, D-Division, Amritsar, and all subsequent proceeding arising therefrom, are quashed. [RAJIVE BHALLA] JDUGE 19th March, 2009 SKaushik