IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25839 of 2009 Date of decision:March 11, 2010 Ashok Kumar and others Petitioners Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Darling Bahl, Advocate for the petitioners Ms. Bhavna Gupta, DAG Punjab for the respondent – State Mr. Balbir Singh Jaswal, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 111 dated 20.07.2009 registered at Police Station Islamabad, District Amritsar under Sections 307/326/324/506/148/149 IPC on the basis of compromise (Annexure P-2) between the parties. Learned counsel for respondent No. 2 has submitted affidavits of complainant Raman Kumar – respondent No. 2 and Sat Pal Sharma -injured in the Court which are placed on record. Complainant – Raman Kumar is present in the Court who has been identified by his counsel and has stated in the Court that he has no objection, if the present FIR is quashed. Satpal Sharma – injured, who is also present in the Court has also submits in the Court that he has also no objection, if the present FIR is quashed In view of the statement made by respondent No. 2, no purpose will be served if the case is tried, as per the compromise, the respondent No. 2 will not support the case of the prosecution and it will merely be a sheer wastage of precious time of this Court. Crl. Misc. No. M-25839 of 2009 2 It has been observed by Hon'ble the Supreme Court of India in Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by Hon'ble the Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.P.C. to allow compounding of non- compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 111 dated 20.07.2009 registered at Police Station Islamabad, District Amritsar under Sections 307/326/324/506/148/149 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 11.03.2010 JUDGE reena