IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15759 of 2010 Date of decision: 19.7.2010 Balwant Singh and Others …. Petitioners Versus State of Punjab and Others ….. Respondents Present : Mr. J.S. Brar, Advocate for the petitioners. *** S.S. SARON, J. This petition under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) has been filed seeking quashing of FIR No.230 dated 14.9.2006 (Annexure P1) registered at Police Station Sadar Muktsar District Muktsar for the offences under Sections 323, 324, 336, 427, 148 and 149 IPC; besides, Sections 25 and 27 of the Arms Act, 1959. The quashing of the FIR and all subsequent proceedings are sought in view of the compromise dated 22.5.2010 (Annexure P3) which, it is stated, has entered into between the petitioners and respondents No.2 to 5. During the course of hearing, learned counsel for the petitioners submits that the case is at the stage of recording the statement of the accused in terms of Section 313 CrPC. Therefore, evidently the prosecution has closed its evidence. One of the factors that is to be taken into consideration while quashing the FIR on the Crl. Misc. No. M-15759 of 2010 [2] basis of compromise is that the trial in the case would be an exercise in futility as the prosecution witnesses may not support the prosecution case. Besides, it saves the time of the Court for deciding other cases which are pending. In the present case, the prosecution has examined all its witnesses. Therefore, it would be inexpedient to quash the FIR at this stage. However, keeping in view the fact that the matter has been compromised, the learned trial Court would take the said fact into consideration at the time of sentencing the accused in case a finding of guilt is recorded. Therefore, the question regarding the compromise having been effected would be a factor which the learned trial Court shall consider for the purposes of sentencing the accused in case the finding of guilt is recorded. In the circumstances, no ground for quashing the FIR is made out at this stage and the Crl. Misc. petition is accordingly, dismissed. (S.S. SARON) JUDGE July 19, 2010 amit