CRM-M-27473 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-27473 of 2009 DATE OF DECISION: 29.10.2009 **** Gurbachan Singh and another . . . . Petitioners VS. State of Punjab and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.H.S. Sirohi, Advocate for the petitioners. Mr.Ranbir Singh Rawat, AAG, Punjab. Mr.M.S. Sachdeva, Advocate for respondent No.2. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C’) for quashing of FIR No.101 dated 18.7.2009 registered under Sections 406, 420 of Indian Penal Code (in short ‘IPC’) at Police Station Division No.3, Jalandhar, on the basis of compromise. The aforesaid FIR has been registered at the instance of Ankush Gupta (respondent No.2). Learned counsel for the petitioners has submitted that due to the intervention of the respectables, a compromise (Annexure P-1) has been arrived between petitioners and respondent No.2 on 22.9.2009 at Jalandhar. As such, there is no grievance left with respondent No.2 to pursue the case in the Court of law. Notice of motion was issued. Pursuant thereto, respondent No.2 has put in appearance through his counsel Mr.M.S. Sachdeva and has filed one affidavit dated 29.10.2009, stating on oath, that he CRM-M-27473 of 2009 - 2 - does not want to pursue further with the present FIR as the matter has been amicably settled. Out of the two petitioners, Balbir Singh (petitioner No.2) son of Gurbachan Singh (petitioner No.1), is present in Court, who has been identified by his counsel Mr.H.S. Sirohi. Similarly, Ankush Gupta (respondent No.2) is also present in Court, who has been identified by his counsel Mr.M.S. Sachdeva. I have asked respondents No.2 about the compromise, to which, he has stated that there was a dispute of some money, which has already been resolved. The present FIR has been registered under Sections 406, 420 IPC. Section 320 of the Cr.P.C. provides for compounding of offence with or without the intervention of the Court. Out of which Section 406 and 420 IPC falls in Section 320 Cr.P.C. which provides for compounding with the permission of the Court. Keeping in view the facts and circumstances of the case where parties to the dispute have buried the hatchet, no useful purpose would be served in keeping this matter alive. In this regard, I take support from the judgment of the Full Bench of this Court reported as “Kulwinder Singh & Others vs. State of Punjab and others” 2007(3) RCR (Criminal) 1052. In view of the above facts and circumstances, and also the law that has been settled by the Full Bench of this Court in case of Kulwinder Singh (supra), the present petition is allowed and FIR No.101 dated 18.7.2009 and all the consequent proceedings arising therefrom are hereby quashed. (RAKESH KUMAR JAIN) OCTOBER 29, 2009 JUDGE vivek