Crl.M. No. M-31620 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M-31620 of 2008 Date of decision : 14.5.2009. ... Nikka Ram and others ................ Petitioners vs. State of Haryana and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Pawan Dabla, Advocate for the petitioners. Sh. Ashok Kumar Jindal, Assistant Advocate General, Haryana. ... K.C. Puri, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 371 dated 11.9.2008, under Sections 323, 324, 506, 307, 148, 149 IPC, registered at Police Station City Hansi, on the basis of compromise. The law was set in motion on recording the statement of Jagbir Singh s/o Hari Chand, who has stated that on 10.9.1998, the present petitioners inflicted injures upon Jagbir Singh (complainant), Jagdish – his brother, Hari Chand and Sher Singh. On 8.9.2008, FIR No. 269 under Sections 498-A, 304-B/34 IPC was registered at Police Station Sadar, Thanesar, District Crl.M. No. M-31620 of 2008 -2- Kurukshetra, at the instance of Nikka Ram s/o Ram Kishan, who has stated that his daughter Raj Bala was married on 5.2.2007 to Jagdish s/o Hari Chand (now injured). It is further contended that she was subjected to cruelty for demand of dowry articles at the hands of Jagdish, Kello Devi, Hari Chand, Vikram and Ramo d/o Hari Chand and they were arrayed as accused in FIR No. 269 dated 8.9.2008. The parties are stated to have arrived at a compromise in both the cases. Report of the trial Court has been received that the parties have arrived at a valid compromise and on the basis of compromise, in FIR No.269 dated 8.9.2008, cancellation report has been submitted and the same has been accepted, meaning thereby that the complainant of the present case has drived the benefit of the compromise and has obtained cancellation report in FIR No. 269 dated 8.9.2008 registered under Sections 498-A, 304-B/34 IPC. Learned State counsel has filed reply in which factum of compromise has been accepted and prayer for quashing on the basis of compromise has not been opposed. Normally offence under section 307 IPC cannot be allowed to be compounded, but in the present case, the complainant has got the benefit of compromise and FIR referred to above has been got cancelled on the basis of compromise. The cancellation report has also been accepted. Otherwise also, from the medical evidence, it is revealed that it is debatable whether offence under Section 307 IPC is made out, as the doctor has not given opinion as to but for the medical aid the injury was dangerous to life. So, at the most, offence under Section Crl.M. No. M-31620 of 2008 -3- 326 IPC and other provisions of law are attracted and Section 307 IPC is not attracted. So, taking into consideration the totality of circumstances and keeping in view the authority reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, FIR No. 371 dated 11.9.2008, under Sections 323, 324, 506, 307, 148, 149 IPC, registered at Police Station City Hansi, stands quashed. Further proceedings, in pursuant to that FIR also stand quashed. ( K.C. Puri ) 14.5.2009. Judge chugh