IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4622 of 2011 (O&M) Date of Decision : 8.7.2011. Gorakh Singh ...... Petitioner Versus State of Punjab & another ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. V.K. Shukla, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab. NAWAB SINGH J.(ORAL) By this petition under Section 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short 'FIR) No.326 dated October 1st, 2006 (Annexure P-1), under Sections 279, 337, 338 and 427 of Indian Penal Code (for short 'IPC'), registered in Police Station Baghapurana, District Moga. On February 14th, 2011, Ritu Bahri, J. passed the following order:- “Notice of motion be issued to the respondents, returnable for 13.5.2011. The trial Court is directed to send the report with regard to the validity or otherwise of the compromise (Annexure P-2), after recording the statements of all the concerned parties before the next date of hearing.” In view of that, the Additional Chief Judicial Magistrate, Moga recorded the statements of the parties whereby the matter has been compromised by them. Indeed, the offence under Section 279 IPC is non-compoundable and the remaining offences are compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench's decision of this Court Criminal Misc. No. M-4622 of 2011 (O&M) (2) rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052. In view of the above, the petition is accepted, FIR No.326 dated October 1st, 2006 (Annexure P-1) under Sections 279, 337, 338 and 427 IPC, registered in Police Station Baghapurana, District Moga and subsequent proceedings arising therefrom, are hereby quashed. (NAWAB SINGH) JUDGE 8.7.2011. SN