Criminal Misc. No. M-7619 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-7619 of 2011 (O&M) Date of decision : August 04, 2011 Paramjit Singh ....Petitioner versus State of Punjab and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Gurmeet Singh, Advocate, for the petitioner Mr. Rajesh Bhardwaj, Additional Advocate General, Punjab Mr. Arvind Kashyap, Advocate, for respondent nos. 4 and 5 L.N. Mittal, J. (Oral) Criminal Misc. No. 40859 of 2011 The application is allowed and reply on behalf of respondents no. 4 and 5 is taken on record subject to all just exceptions. Criminal Misc. No. M-7619 of 2011 Paramjit Singh accused has filed the instant petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No. 34 dated 23.2.2007 under sections 279, 304-A IPC, Police Station Model Town, Hoshiarpur (Annexure P/1), on the basis of Criminal Misc. No. M-7619 of 2011 (O&M) -2- compromise Annexure P2 effected with Lashkar Singh respondent no. 4 -complainant and Ravinder Singh respondent no. 5 son of deceased Shamsher Singh. Pursuant to order of this Court, learned Judicial Magistrate recorded statements of petitioner and respondents no. 4 and 5 and has sent report that the parties appear to have compromised the matter. Statements recorded by the learned Magistrate have also been received with the report. Respondents no. 4 and 5 have also filed reply admitting compromise and stating that they have no objection if the FIR is quashed. Affidavits Annexures P/3 and P/4 of respondents no. 4 and 5 respectively were also annexed with the petition regarding the compromise. Learned counsel for respondents no. 4 and 5 also states that respondent nos. 4 and 5 have no objection if the FIR is quashed. Pursuant to order of this Court , affidavits Annexures P/5 to P/7 of wife and two other sons of the deceased have also been placed on record regarding compromise effected by them with the petitioner. I have heard learned counsel for the parties and perused the case file. 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, the petitioner is poor person having three Criminal Misc. No. M-7619 of 2011 (O&M) -3- daughters and a simpleton wife. He has sought apology from the legal heirs of the deceased. Keeping in view the pitiable condition of the petitioner, legal heirs of deceased Shamsher Singh have forgiven the petitioner and therefore, they have no objection if the FIR is quashed. It is, therefore, a fit case in which FIR should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 34 dated 23.2.2007 under sections 279, 304-A IPC, Police Station Model Town, Hoshiarpur (Annexure P/1), is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) August 04, 2011 Judge 'dalbir'