Crl. Misc. No. M- 37972 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 37972 of 2010 (O&M) DATE OF DECISION: November 3, 2011 Amanpreet Singh @ Aman .....Petitioner VERSUS State of Punjab & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. IPS Kohli, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, DAG, Punjab, for the State. None for respondent No.2. **** RANJIT SINGH, J. The petitioner has filed this petition for quashing of FIR No.259 dated 18.10.2009 registered under Section 307 IPC,at Police Station Ludhiana, but subsequently was converted to an offence under Section 336 IPC, when it was found that offence under Section 307 IPC was not made out. The prayer for quashing is made on the basis of compromise. Copy of the compromise is annexed with the petition as Annexure P-1. When this case came up for hearing on 18.7.2011, this Court directed the parties to present themselves before the Chief Judicial Magistrate on 25.8.2010 for recording of their statements with regard to the compromise. The Chief Judicial Magistrate was Crl. Misc. No. M- 37972 of 2010 (O&M) -2- directed to record the statements of both the parties in order to satisfy the genuineness of the compromise and on the basis thereof to see if the compromise was on account of any pressure or coercion or otherwise free from it. The Chief Judicial Magistrate was also directed to send this report along with the statements about the validity of this compromise. The report from the Chief Judicial Magistrate has now been received through a communication dated 12.9.2011 initiated by District & Sessions Judge, Ludhiana. Chief Judicial Magistrate, Ludhiana, has given his report on the basis of statements that compromise has been voluntarily entered into between the parties and that the offence under Section 307 IPC is non compoundable in view of Section 320(9) Cr.P.C. Copy of the statements of Ajit Singh- complainant and Amanpreet Singh-accused have also been forwarded. Ajit Singh has made a statement that he entered into compromise with the accused without any pressure or coercion. Similarly, Amanpreet Singh has also made a statement to this effect. Compromise deed was also proved before the CJM, Ludhiana and has been annexed with the report as well. It is a case of no injury. It is noticed in the compromise deed that the parties have amicably settled the matter and now the complainant has no grudge against the accused. It is also noticed that the offence under Section 307 IPC is no more alleged against the petitioner and the FIR now is only under Section 336 IPC. The compromise has been arrived at on the intervention of some senior citizens and other respectables of the area and otherwise both the parties have no grudge against each other. Crl. Misc. No. M- 37972 of 2010 (O&M) -3- It is, thus, clear that the parties have reached a compromise voluntarily without any coercion. Since the parties have reached a compromise, allowing the trial to continue would be an exercise in futility. Otherwise also as per the Law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, there is no hindrance before the Court to quash FIR on the basis of compromise. As per this judgment rather the compromise needs to be encouraged for peace and orderly behaviour in society. A case for quashing FIR No.259 dated 18.10.2009 under Section 336 IPC is, thus, made out. In view of above, the present petition is allowed. FIR No.259 dated 18.10.2009 registered under Section 336 IPC and all subsequent proceedings arising therefrom are hereby quashed. November 3, 2011 ( RANJIT SINGH ) monika JUDGE