Criminal Misc. No. M-1336 of 2012 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1336 of 2012 Date of decision:-06.03.2012 Sarabjit Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI Present:- Mr. K.S. Dhillon, Advocate for the petitioners. Mr. Jaspreet Singh, AAG Punjab for respondent No.1-State. Mr. Avtar S. Khinda, Advocate for respondent No.2-complainant. NARESH KUMAR SANGHI J.(Oral) This is a petition for quashing of FIR No.13 dated 21.1.2010, under Sections 324,323, 452, 148 read with Section 149, IPC, registered at Police Station, Division No.4, Jalandhar, and all the subsequent proceedings arising therefrom, on the basis of compromise. Vide order dated 16.1.2012, this Court had directed the affected parties to appear before the learned trial court/Chief Judicial Criminal Misc. No. M-1336 of 2012 -2- Magistrate, Jalandhar, on 07.2.2012, and get their statements recorded with regard to the compromise. The trial court was also directed to send the status report in that regard. Learned counsel for the petitioners submits that in compliance of the above, the affected parties did appear before the learned court below and got recorded their respective statements with regard to the compromise. He further submits that the status report has also been received. He also states that earlier the petitioners had filed Criminal Misc. No.M-10891 of 2011 for quashing of FIR on the basis of compromise but at that time there was some misunderstanding between the parties, therefore, the said petition was withdrawn. Learned counsel for respondent No.2/complainant/injured admits the factum of compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed. Reply filed by learned counsel for the State is taken on record. Learned counsel for the State, on instructions from ASI Sewa Singh of Police Station, Rama Mandi, Jalandhar, admits the factum of compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed in view of status report, received from the court below. Heard. Criminal Misc. No. M-1336 of 2012 -3- On account of some misunderstanding, there was a quarrel between the petitioners and respondent No.2. Due to intervention of elderly people and respectable of the village, the parties have resolved their dispute and effected a compromise. The statement of injured Sartaj Singh alias Surtaj Singh has also been recorded by the learned trial court with regard to the compromise. Learned counsel representing the complainant-respondent No.2 has also admitted the factum of compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom, are quashed. Learned counsel for the State also made similar statement. The pendency of the FIR and the consequential proceedings, arising therefrom would be a sheer abuse of the process of law. The chances of ultimate conviction of the petitioners are bleak in view of the compromise arrived at between the parties. Keeping in view the factum of compromise and the law laid down by a Full Bench of this Court in Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this petition is allowed and the impugned FIR No.13 dated 21.1.2010, under Sections 324,323, 452, 148 read with Section 149, IPC, registered at Police Station, Division No.4, Jalandhar, and all the consequential proceedings arising therefrom, are hereby quashed. March 06, 2012 ( NARESH KUMAR SANGHI ) Vijay Asija JUDGE