IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24458 of 2009 Date of decision : January 28, 2010 Raj Kumar @ Raju and others Petitioners Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. P.S. Paul, Advocate for Mr. G.P.S. Bal, Advocate for the petitioners Ms. Bhavana Gupta, DAG Punjab for respondent No. 1 Mr. H.K. Aurora, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed for quashing of FIR No. 166 dated 14.5.2006 registered at Police Station Sadar, Hoshiarpur under Sections 326, 323, 324/34 IPC on the basis of compromise (Annexure P-2) dated 7.1.2009 between the parties. Notice of motion was issued on 2.9.2009. Reply by way of affidavit on behalf of Balwinder Kumar s/o Pargat Ram has been filed in the Court which is placed on record. Both the parties are present in the Court and have been identified by their respective counsel. Since the matter has been compromised between the parties and the complainant who is present in the Court has also no objection with regard to quashing of FIR registered on the basis of compromise, I deem it appropriate that no purpose will be served if the case is tried because as per the compromise respondent No. 2 will not support the case of the prosecution and it will be a wastage of precious time of this Court. Crl. Misc. No. M-24458 of 2009 2 It has been observed by Hon'ble 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 the Hon'ble 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.PC. 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. 166 dated 14.5.2006 registered at Police Station Sadar, Hoshiarpur under Sections 326, 323, 324/34 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 28.01.2010 JUDGE reena