Criminal Misc. No. M-4153 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4153 of 2009 Date of decision:31.03.2009 Bhag Singh and others ......Appellants Versus State of Punjab .....Respondents BEFORE: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. C.S.Brar, DAG, Punjab Rajive Bhalla,J.(Oral) The present petition has been placed before this Court, pursuant to a communication forwarded, by the Sessions Judge, Rup Nagar. A perusal thereof discloses that the accused and the complainant arrived at a compromise of their dispute in FIR No. 44, dated 5.06.2004, registered under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, at Police Station Kurali, District Rupnagar, during a Lok Adalat, in case titled as State vs. Bhag Singh and others. However, as the offences complained of are non- compoundable, the papers are being forwarded for necessary orders. I have perused the file, the application filed by the accused, Bhag Singh and others and the statement recorded by the complainant, Parminder Kaur before the Presiding Officer(Lok Adalat) Cum Addl. Chief Judicial Magistrate, Rupnagar. The complainant has stated, that she has no objection, if the FIR is quashed. Counsel for the State of Punjab submits that as parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR. Criminal Misc. No. M-4153 of 2009 2 In view of the compromise, the witnesses are not likely to support the prosecution and to permit prosecution, to carry on, would in my opinion be an exercise in futility and an unnecessary wastage of valuable Court time. In Kulwinder Singh and Others vs. The State of Punjab reported as 2007(3) RCR(Crl.) 1052, a Full Bench of this Court has held that in the exercise of powers under Section 482 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non-compoundable offences. In view of the facts narrated hereinabove, and as the prayer for quashing of the FIR, does not suffer from any legal impediment and is based upon a bonafide settlement, the present petition is allowed and the FIR NO. 44, dated 5.06.2004, registered under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, at Police Station Kurali, District Rupnagar, titled as State versus Bhag Singh and others is quashed. A copy of this order be forwarded to the Sessions Judge, Rup Nagar, the Additional Judicial Magistrate, Rup Nagar. [RAJIVE BHALLA] JUDGE 31st March, 2009 SKaushik