IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-29274 of 2009 Date of decision : November 27, 2009 Vikram Rathore and another ....Petitioners versus Union Territory, Chandigarh and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Naresh Kaushal, Advocate, for the petitioners Mr. Rampal Singh, Advocate for Mr. Rajive Sharma, Advocate for UT, Chandigarh Mr. HK Brinda, Advocate for respondent no. 2 L.N. Mittal, J. (Oral) Vikram Rathore and Anish have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 152 dated 5.5.2007, under sections 323 and 452 IPC, Police Station Sector-39, Chandigarh (Annexure P/2) in view of compromise (Annexure P/1) effected with complainant-respondent No. 2 who has also furnished his affidavit (part of Annexure P/1) regarding the compromise. Affidavit of petitioner no. 2 filed today in Court pursuant to order of the preceding date is taken on record. It has been stated in the affidavit that Vandana, sister of complainant-respondent no. 2 has since died on 11.5.2008. Reply affidavit on behalf of respondent no. 2 filed today in Court is taken on record. It has been affirmed in the affidavit that Vandana, sister of complainant-respondent no. 2 has since died on 11.5.2008. It has also been stated that the matter has been amicably Criminal Misc. No. M-29274 of 2009 -2- compromised between the parties and therefore, respondent no. 2 has no objection to the quashing of the impugned FIR. Learned counsel for respondent no. 2, on instructions from respondent no. 2, who is also present in person in Court, also makes similar statement. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., 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, petitioner no. 2 and respondent no. 2 are residing in the same sector in vicinity of each other. Petitioner no. 1 was also earlier residing there but now has shifted to another sector. Compromise has been got effected by common friends and neighbours. Parties are students. They want to live in peace and harmony. It is, accordingly, a fit case in which FIR should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 152 dated 5.5.2007, under sections 323 and 452 IPC, Police Station Sector-39, Chandigarh (Annexure P/2) in view of compromise (Annexure P/1) is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) November 27, 2009 Judge 'dalbir'