IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-27322 of 2009 Date of decision : October 30, 2009 Gurjant Singh ....Petitioner versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rajesh Bhatheja, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1 Mr. PS Jammu, Advocate for respondent no. 2 L.N. Mittal, J. (Oral) Gurjant Singh has filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing complaint dated 31.3.2003 (Annexure P/1) instituted by respondent no. 2 against the petitioner under section 138 read with section 142 of the Negotiable Instruments Act, 1881 (in short, the Act), in view of compromise (Annexure P/3) effected with complainant-respondent no. 2 who has also furnished affidavit (Annexure P/5) regarding the compromise. Learned counsel for respondent no. 2 states that the parties have effected compromise (Annexure P/3) and respondent no. 2 has also furnished affidavit (Annexure P/5) regarding compromise and therefore, complainant-respondent no. 2 has no objection to the quashing of the impugned complaint. In appropriate cases, criminal 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. Criminal Misc. No. M-27322 of 2009 -2- In the instant case offence under section 138 read with section 142 of the Act is compoundable in view of section 147 of the Act. However, the petitioner had to approach this Court because he has been declared as proclaimed offender. However, now compromise has been effected between the parties and the petitioner has since paid the cheque amount of Rs 15,000/- to complainant-respondent no. 2. It is, accordingly, a fit case in which impugned complaint should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned complaint dated 31.3.2003 (Annexure P/1) is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) October 30, 2009 Judge 'dalbir'