CRM-M-28981 of 2011 - 1 - CRM-M-25890 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-28981 of 2011 Date of Decision:14.11.2011 Jatinder Singh and others . . .Petitioners Versus State of Punjab and another . . . Respondents ***** CRM-M-25890 of 2011 Date of Decision:14.11.2011 Jatinder Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Gautam Thapar, Advocate, for the petitioner(s). Mr.A.S. Rai, DAG, Punjab. Mr.Ashok Singla, Advocate, for respondents No.2 to 5. (in CRM-M-28981 of 2011). ***** RAKESH KUMAR JAIN, J. (ORAL) This order shall dispose of two bail applications bearing CRM-M-28981 of 2011 titled as “Jatinder Singh and others Vs. State of Punjab and others” (hereinafter referred to as ‘Ist petition’) and CRM-M-25890 of 2011 titled as “Jatinder Singh Vs. State of Punjab” (hereinafter referred to as ‘IInd petition’) as both the petitions have arisen from FIR No.174 dated 20.7.2011 registered under Sections 308, 506 & 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 25, 27, 54 & 59 of the Arms Act, 1959 (for short ‘the Act’) at Police Station City Kotkapura, District Fridkot. CRM-M-28981 of 2011 - 2 - CRM-M-25890 of 2011 Ist petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for quashing of the FIR and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) dated 10.9.2011 whereas IInd petition is filed under Section 438 of the Cr.P.C. for grant of anticipatory bail. At the time of notice of motion in the Ist petition, it was ordered to be heard along with CRM-M-25890 of 2011 i.e. IInd petition. Mr.Ashok Singla, Advocate had put in appearance on behalf of respondents No.2 to 5 in the Ist petition and sought time to seek instructions. Today, he has filed short reply by way of affidavit along with power of attorney in which he had urged that the matter has been compromised as stated in the Ist petition and there is no grievance left with the complainants/respondents No.2 to 5 to be redressed before the Court below. All the four respondents including the complainant as well as the injured are present in Court and are identified by their counsel Mr.Ashok Singla and Investigating Officer HC Harphool Singh. Learned counsel for respondents No.2 to 5 has stated in Court that they have no objection if FIR and all subsequent proceedings arising therefrom are quashed as the matter has been patched up. Learned counsel for the petitioner(s) has submitted that although the offences are non-compoundable insofar as Section 320 of the Cr.P.C. is concerned yet in terms of Full Bench judgment of this Court in the case of “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052, in order to bring peace and harmony in the society and to bury the hatchet, the Court can order to compound all the aforesaid offences by exercising its inherent jurisdiction under Section 482 of the Cr.P.C. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, the Ist petition (CRM-M-28981 of 2011 titled as “Jatinder Singh and others Vs. State of Punjab and others”) is hereby allowed and the FIR and all subsequent proceedings arising therefrom are hereby quashed. The IInd petition (CRM-M-25890 of 2011 titled as “Jatinder Singh Vs. State of CRM-M-28981 of 2011 - 3 - CRM-M-25890 of 2011 Punjab”) has, thus, become infructuous. Hence the IInd petition is dismissed as infructuous. A photocopy of this order be placed on the file of another connected case. (RAKESH KUMAR JAIN) NOVEMBER 14, 2011 JUDGE Vivek