Crl. Misc. No.M-5236 of 2011 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-5236 of 2011 (O & M) Date of Decision: 26.07.2011 Karam Singh and others ……Petitioners Versus State of Punjab …...Respondent Coram: HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. K. S. Mangat, Advocate for the petitioners. Mr. Manoj Bajaj, Addl. AG, Punjab. Mr. P. K. S. Pholka, Advocate for Amar Kaur Wife of complainant-Mohan Singh. L.N. MITTAL, J (ORAL) Karam Singh and five others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr. P.C) for quashing of FIR No.65 dated 03.04.2005, under Sections 323, 324, 148 and 149 read with Section 326 IPC registered at police station Beas, Distt. Amritsar (Annexure P-1), in view of compromise (Annexure P-2) effected with Amar Kaur, who is wife of the complainant-Mohan Singh since deceased. I have heard learned counsel for the parties and perused the case file. According to FIR, both Mohan Singh-complainant and his wife Amar Kaur suffered injuries in the occurrence. Mohan Singh has since died. Amar Kaur has effected compromise (Annexure P-2) 1 Crl. Misc. No.M-5236 of 2011 (O & M) with the accused. Report has been received from learned Sub Divisional Judicial Magistrate, Baba Bakala to the effect that compromise is voluntary. Statements of the parties were recorded by learned Magistrate which have also been received with the report. Amar Kaur who is also present in person in the Court has been identified by the counsel representing her. It is stated by Amar Kaur and her counsel that parties have effected compromise (Annexure P- 2) and, therefore, Amar Kaur has no objection to the quashing of the impugned FIR. In appropriate cases, FIR can be quashed on the basis of compromising 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, there were cross cases between the parties regarding the same occurrence. Pursuant to compromise, complaint instituted by Balwinder Singh alias Billa-petitioner No.3 against Amar Kaur and Mohan Singh and others has also since been withdrawn. It is, therefore, a fit case in which the impugned FIR should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No.65 dated 03.04.2005, under Sections 323, 324, 148 and 149 read with Section 326 IPC registered at police station Beas, Distt. Amritsar (Annexure P-1) is quashed along with all consequential proceedings arising therefrom. (L. N. MITTAL) JUDGE 26.07.2011 A.kaundal 2 Crl. Misc. No.M-5236 of 2011 (O & M) 3