IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-6066 of 2010 Date of decision: April 26, 2010 Rajinder Krishan Wahi Petitioner Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. K.S. Jetley, Advocate for the petitioner Mr. B.S. Sra, Addl. A.G. Punjab for the respondent – State Mr. Gopal Krishan Gupta, Advocate for respondents No. 5 to 7 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 46 dated 22.4.2009 registered at Police Station Rahon under Sections 304-A/279/337/427 IPC on the basis of compromise between the parties. Learned counsel for the petitioner submits that the matter has been compromised between the parties and the complainants do not want to pursue the proceedings in future. Learned counsel for respondents No. 5 to 7 has submitted copy of compromise in the Court which is placed on record. Respondents No. 5 and 7 – Rajvir Singh and Davinder Singh are present in the Court who have been identified by their counsel and have stated in the Court that they have no objection if the present FIR is quashed. Affidavit of Swaran Kaur wife of the deceased has also been annexed as Annexure R-2 with the petition. In view of the statement made by respondent No. 5 and 7, no purpose would be served if the case is tried because as per the compromise respondent No. 5 to 7 will not support the case of the Crl. Misc. No. M-6066 of 2010 2 prosecution and it will merely be a sheer wastage of precious time of this Court. It has been observed by Hon'ble Supreme Court of India in Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by Hon'ble the Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.PC. to allow compounding of non- compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 46 dated 22.4.2009 registered at Police Station Rahon under Sections 304-A/279/337/427 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 26.04.2010 JUDGE reena