CRM-M-24737 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-24737 of 2009 DATE OF DECISION: 28.10.2009 **** Mukesh Kumar Mankoo and others . . . . Petitioners VS. State of Punjab and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Jatinder Nagpal, Advocate for the petitioners. Mr.Ranbir Singh Rawat, AAG, Punjab. Mr.Rahul Bhargva, Advocate for the complainant. **** RAKESH KUMAR JAIN J.(ORAL) This is a petition under section 482 of Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of FIR No.308 dated 19.09.2002 (Annexure P-1) registered under Sections 406/498-A IPC at Police Station Focal Point, Ludhiana and all subsequent proceedings arising therefrom, on the basis of a compromise (Annexure P-2). The FIR (Annexure P1) has been registered at the instance of Smt. Sandeep Sharma (since deceased). Learned counsel for the petitioners has contended that the matter has been compromised between the parties on 21.7.2009 (Annexure P-2). All the four petitioners, Mukesh Kumar Mankooo, Saroj Rani, Meenu @ Meenakshi and Sanjay Dhiman are present in the Court, who have been identified by their counsel Mr.Jatinder Nagpal. Similarly, respondents Bhagat Ram Sharma (father of late Smt. Sandeep Sharma) and Pawan Kumar son of Bhagat Ram Sharma are also CRM-M-24737 of 2009 - 2 - present in the Court, who have been identified by their counsel Mr.Rahul Bhargva. I have asked both, petitioners as well as respondents No.2 and 3 about their compromise, to which, they have stated that a compromise has been effected between them and there is no change in it till date. Learned counsel for the petitioners has relied upon a judgement of the Larger Bench of this Court reported as Kulwinder Singh & Others vs. State of Punjab and others, 2007(3) RCR (Criminal) 1052, in which it has been held that the finest hour of the justice is the hour of compromise. Since a compromise has been effected between the parties, therefore, the proceedings before the trial Court, henceforth, shall be an exercise in futility. After hearing both the counsel for the parties and keeping in view the facts and circumstances of this case and also the law that has been settled by the Full Bench of this Court in case of Kulwinder Singh (supra), the present petition is allowed and FIR (Annexure P1) and all the consequent proceedings arising therefrom are hereby quashed. (RAKESH KUMAR JAIN) OCTOBER 28, 2009 JUDGE vivek