IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12419 of 2009 (O/M). Date of Decision : July 07, 2009. Jaswinder Singh @ Nihang son of S. Jagnahar Singh, r/o V and P.O. Mandiani, Sub Tehsil Mullanpur Dakha, District Ludhiana. ...... Petitioner. Versus. State of Punjab, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. G.S. Kaura, Advocate, for the petitioner. Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent-State. Mr. Ashwani Gaur, Advocate, for the complainant-respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition has been filed by Jaswinder Singh @ Nihang s/o S. Jagnahar Singh, praying therein for quashing of F.I.R. No. 54 dated 24.04.2009 under Section 326 I.P.C., registered at P.S. Dakha District Ludhiana Rural (Annexure-P-1), which was got registered by his real brother Kuldeep Singh s/o S. Jagnahar Singh, on the basis of a compromise entered into between the two brothers. The said compromise has been placed on record as Annexure-P-2, according to which the dispute between the brothers has been amicably settled by the interference of panchayat of the village and respectables. Criminal Misc. No. M-12419 of 2009. Counsel for the petitioner submits that it was a fight between the two brothers, leading to filing of the F.I.R., which is being sought to be quashed through this petition and the petitioner and respondent No.2- complainant has entered into a compromise. He submits that both of them are present in the Court (as identified by their counsel). An affidavit on behalf of respondent No. 2-Kuldeep Singh has been filed in the court today, wherein the factum of compromise entered into between the two brothers i.e. petitioner and respondent No. 2 has been admitted. He has further stated in the affidavit that he does not want to take any further action in the F.I.R. nor does he has any objection, if the said F.I.R. against his brother Jaswinder Singh @ Nihang, is quashed. Complainant-Kuldeep Singh, who is present in the Court (as identified by his counsel), states that he has no objection to the quashing of F.I.R. Keeping in view the fact that the fight was between the two brothers and they have now entered into a compromise to settle the issues so that both of them can live amicably and there be no heart burning between them, the petition deserves to be allowed and F.I.R. quashed. The Full Bench judgment of this High Court in the case of Kulwinder Singh and others Versus State of Punjab and another, 2007 (3) R.C.R. (Criminal) 1052, has held that F.I.R. can be quashed on the basis of a compromise entered into between the parties where even offences are not compoundable. Keeping in view the fact that no useful purpose would be served on the basis of a compromise entered into between the parties by prolonging the criminal proceedings against the petitioner and it would be in the interest of the Society as a whole and especially the two families that -2- Criminal Misc. No. M-12419 of 2009. they can amicably settle together and live a happy life as they are brothers. It would be in the interest of justice that F.I.R. No. 54 dated 24.04.2009 under Section 326 P.S. Dakha, Ludhiana Rural (Annexure-P-1) be quashed. Ordered accordingly. The petition is allowed in above terms. (AUGUSTINE GEORGE MASIH) JUDGE July 07, 2009. sjks. -3-