IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-9456 of 2009 Date of decision : September 14, 2009 Sikander Singh and others ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Petitioners in person Mr. Gaurav Garg Dhuriwala, AAG Punjab Babaljit Singh complainant in person L.N. Mittal, J. (Oral) Sikander Singh and two others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of DDR No. 26 dated 18.1.2009 under sections 323, 324 read with section 34 IPC, Annexure P/2 (wrongly mentioned as Annexure P/1) recorded as cross case in FIR No. 7 dated 18.1.2009, under sections 324 read with section 34 IPC (section 326 IPC added later on) Police Station Dayalpura, District Bathinda, in view of compromise effected with injured- complainant Babaljit Singh who has also furnished affidavit (Annexure P/3) regarding the compromise. Injured Babaljit Singh complainant of the impugned cross case is present in person in Court and is identified by HC Darshan Singh. Complainant Babaljit Singh states that compromise has been effected between the parties and that he has furnished affidavit Annexure P/3 Criminal Misc. No. M-9456 of 2009 -2- regarding compromise and therefore, he has no objection to the quashing of impugned cross case. In appropriate cases, prosecution can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. In the instant case, parties belong to the same village. They have effected compromise with the intervention of respectables and Panchayat. The main case is also to be quashed in view of compromise between the parties. It is accordingly a fit case in which the cross case should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned DDR No. 26 dated 18.1.2009 under sections 323, 324 read with section 34 IPC, Annexure P/2 recorded as cross case in FIR No. 7 dated 18.1.2009, under sections 324 read with section 34 IPC (section 326 IPC added later on) Police Station Dayalpura, District Bathinda, is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) September 14, 2009 Judge 'dalbir'