CRM-M 29066 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 29066 of 2009 Decided on 13.11.2009 Hardeep Singh @ Kalu and others --.Petitioners Versus The State of Punjab and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN PRESENT: Mr.P.L.Singla, Advocate,for the petitioners Mr.R.S.Rawat,A.A.G.Punjab Mrs.Sharmila Sharma,Advocate, for respondent No.2. Rakesh Kumar Jain, J: (Oral) This order shall dispose of two petitions bearing CRM-M 29066 of 2009 (Hardeep Singh @ Kalu and others Vs. The State of Punjab and another) and CRM-M 29251 of 2009 ( Nirvair Singh and others Vs. The State of Punjab and another) filed for quashing of FIR No.92 dated 18.8.2009 (Annexure P-1) registered under Sections 323,324,326,148,149 IPC at Police Station, Nihal Singh Wala, District Moga, by Nirvair Singh against eight petitioners arrayed in CRM M 29066 of 2009 and for D.D.R. No. 11 dated 21.8.2009 registered by the complainant Gurmesh Singh @ Ghisa against the petitioners CRM-M 29066 of 2009 2 arrayed in CRM-M 29251 of 2009, on the basis of compromise dated 01.10.2009 (Annexure P3) in CRM-M 29066 of 2009. The aforesaid two cases have been filed for an occurrence alleged to have taken place on 16.8.2009 in which both the parties had received injuries. In the FIR registered by Nirvair Singh, injuries have been suffered by Malkeet Singh, Angrej Singh and Avneet whereas in the D.D.R. registered by Gurmesh Singh @ Ghisa, injuries have been suffered by Hardeep, Gurmesh @ Ghisa, Mukhtiar Kaur and Charanjit Kaur. The cases were registered by the police against both the parties and the matter is under investigation. Mr.P.L.Singla, learned counsel appearing for petitioners Hardeep Singh and others, has submitted that due to intervention of elders and respectables of the village, the matter has been compromised between the parties through the aforesaid compromise dated 1.10.2009 in which they have stated that the occurrence took place due to misunderstanding without intention and they do not want any legal action against each other. Complainant Nirvair Singh in CRM-M 29066 of 2009 and Gurmesh Singh @ Ghisa in CRM-M 29251 of 2009 are present in the Court, who have been identified by their Advocates Mr.P.L.Singla and Mrs.Sharmila Sharma, respectively. In both the aforesaid cases, they have stated that they have no objection if the matter is allowed to be compromised between the parties as it would lead amity and harmony in the village and in their families. As against this, learned counsel for the State has submitted that though the offence under Section 323 IPC is CRM-M 29066 of 2009 3 compoundable under Section 320 of Cr.P.C but offences under Sections 324 and 326 of IPC are non-compoundable. In this regard, learned counsel for the petitioners has relied upon a Full Bench decision of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) R.C.R (Criminal) 1052, to contend that the matter can be compounded even in non- compoundable offences and prayed that both the aforesaid FIR and DDR and all other proceedings arising therefrom, may be quashed. After hearing the learned counsel for the parties and considering the facts of the case in which the parties have resolved their dispute and have decided to live happily again, further proceedings in the aforesaid FIR and the DDR would be thus an exercise in futility. Hence, the present petitions are allowed. Consequently, aforesaid FIR No.92 dated 18.8.2009, registered under Sections 323,324,326,148,149 IPC at Police Station, Nihal Singh Wala, District Moga, by Nirvair Singh and D.D.R. No. 11 dated 21.8.2009 registered by Gurmesh Singh @ Ghisa and all other proceedings arising therefrom are hereby quashed. 13.11.2009 (Rakesh Kumar Jain) RR Judge