IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-29405 of 2009 Date of decision : November 28, 2009 Jaswant Singh and others ....Petitioners versus State of Punjab and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. PS Sekhon, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1 Mr. GS Brar, Advocate for respondent nos. 2 and 3 L.N. Mittal, J. (Oral) Jaswant Singh and two others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 294 dated 17.11.2005, under sections 326, 323, 324, 34 IPC, Police Station Dhuri, District Sangrur (Annexure P/1) lodged by Jaswant Singh petitioner no. 1 as well as cross case vide DDR No. 29 dated 17.11.2005 under sections 326, 324, 34 IPC (Annexure P/2) lodged by Sukhdev Singh respondent no. 2, in view of compromise (Annexure P/3) effected between the parties. Learned counsel for respondent nos. 2 and 3 states that parties have effected compromise (Annexure P/3) and therefore, they have no objection to the quashing of FIR as well as the cross case. In appropriate cases, criminal prosecution can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., Criminal Misc. No. M-29405 of 2009 -2- even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. In the instant case, there are cross cases between the parties regarding the same occurrence. In both the cases, the substantive offences are the same i.e. under sections 326, 324 IPC although in FIR lighter offence under section 323 IPC is also there. The parties have effected compromise with the intervention of respectables of the village. The parties belong to the same village. They want to live in peace and harmony. Moreover, there are cross cases between the parties. Accordingly, it is a fit case in which FIR and cross case should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 294 dated 17.11.2005, under sections 326, 323, 324, 34 IPC, Police Station Dhuri, District Sangrur (Annexure P/1) as well as cross case vide DDR No. 29 dated 17.11.2005 under sections 326, 324, 34 IPC (Annexure P/2) are quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) November 28, 2009 Judge 'dalbir'