CRM-M 27733 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 27733 of 2009 Date of Decision: 23.10.2009 Vishal Kumar and another ..Petitioners. Vs. State of Punjab and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Rajesh Gupta, Advocate for the petitioners. Mr.Ranbir Singh Rawat, AAG Punjab for the respondent/State. Mr.Dinesh Sharma, Advocate for the complainant/respondent No.2. RAKESH KUMAR JAIN, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short `Cr.P.C') for quashing of FIR No.90 dated 19.5.2009 registered under Sections 306/34 IPC at Police Station City Sunam, District Sangrur and all the consequential proceedings arising therefrom on the basis of a compromise effected between the parties. The aforesaid FIR was registered on the complaint of Raj Kumar son of Tarsem Chand against Vishal Kumar (petitioner No.1) and Bharat Bhushan @ Happy (petitioner No.2). Notice of motion was issued pursuant to which Sh.Ranbir Singh Rawat, AAG Punjab has put in appearance on behalf of respondent No.1 whereas Sh.Dinesh Sharma, Advocate has put in appearance on behalf of respondent No.2 and has also filed a reply. Counsel for the petitioners has submitted that in terms of the compromise (Annexure P-2) dated 24.9.2009, parties to the dispute have CRM-M 27733 of 2009 -2- decided to resolve the matter. Both the petitioners have been identified by Sh.Rajesh Gupta, Advocate whereas respondent No.2 has been identified by Sh.Dinesh Sharma, Advocate. I have asked both the parties in the Court about the compromise to which they have stated that compromise (which is annexed with the record as Annexure P-2) has been effected between them and there is no change in the same till date. Counsel for the petitioners has relied upon a decision of this Court in the case of Ashwani Kumar Vs. State of Punjab and another 2008(1) RCR (Criminal) 1034 and a Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) RCR (Criminal) 1052 to contend that finest hour of justice is the hour of compromise and once the parties have decided to live amicably after resolving their disputes, even the offence which is non compoundable under Section 320 Cr.P.C., can be compounded by invoking the inherent jurisdiction provided under Section 482 Cr.P.C. After hearing the counsel for the parties and keeping in view the facts and circumstances of this case that since the matter has been compromised between the parties, therefore, no useful purpose would be served in prosecuting the present FIR, therefore, the present petition is allowed and FIR No.90 dated 19.5.2009 registered under Sections 306/34 IPC at Police Station City Sunam, District Sangrur and all the consequent proceedings arising therefrom are hereby quashed. (Rakesh Kumar Jain) 23.10.2009 Judge Meenu