IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.19525-M of 2008 Date of decision : 30-01-2009 Tarlochan Singh & Another ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harsh Bunger, Advocate, for the petitioners. Mr. Anter Singh Brar, DAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) Present petition has been filed seeking quashing of case FIR No.28 dated 03-03-2004, registered at Police Station Division No.1, Jalandhar under sections 406, 419, 420, 511 IPC. Quashing has been sought on basis of compromise arrived between the parties. Counsel for the petitioners has relied upon judgement by Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052 to contend that on the basis of compromise, FIR should be quashed and continuation of proceedings is abuse of process. This Court on December 9, 2008 directed Judicial Magistrate- Ist Class, Jalandhar to verify the fact of compromise and submit a report. Judicial Magistrate-Ist Class, Jalandhar has submitted the following report:- "As per order dated 9th December, 2008 passed by the Hon'ble Mr. Justice S.D. Anand in Crl. Misc. No.M-19525 of 2008, I have recorded the statements of both the parties in a case State Vs. Tarlochan Singh, FIR No.28 dated 3-3- 2004, u/s 406, 419, 420, 511 IPC, P.S. Division No.1, Jalandhar. Complainant Darshan Kumar has stated that on 19th April, 2008 a compromise has been effected between him and accused Tarlochan Singh son of Jagjit Singh and Crl. Misc. No.19525-M of 2008 -2- as per the compromise he received Rs.9,50,000/- from Tarlochan Singh and both the parties agreed to withdraw all the civil and criminal cases pending in different Courts and except the said criminal case, both the parties have withdrawn all the cases. Complainant Darshan Kumar identified his signatures as well as of this wife Kusam Malik on the said compromise dated 19th April, 2008 and he has stated that he as well as his wife has signed the said compromise after admitting the contents of the compromise true and correct and he has no objection if the FIR No.28/04 is quashed in this case. Accused Tarlochan Singh has also stated that as per compromise he has given Rs.9,50,000/- to complainant Darshan Kumar which was received by him and it was agreed between them to withdraw all civil and criminal cases pending in different Courts and Darshan Kumar agrees to withdraw this case. Thus, from the statements of the parties it is inferred that the matter has been compromised between the parties and the complainant Tarlochan Singh has no objection if the criminal case FIR No.28 dated 3-3-2004 registered under sections 406, 419, 420, 511 IPC P.S. Divn. No.1 Jalandhar is quashed. Thus, the parties have compounded the offence." In view of the report submitted by Judicial Magistrate-Ist Class, Jalandhar, that compromise has been arrived between the parties and complainant has received Rs.9,50,000/- and it has been agreed between the parties to withdraw all civil and criminal cases pending in Crl. Misc. No.19525-M of 2008 -3- different Courts between the parties, I am of the view that due sanctity ought to be granted to the compromise arrived between the parties in view of the ratio of law propounded by a Full Bench of this Court in Kulwinder Singh's case (supra). Accordingly, the impugned FIR along with all subsequent proceedings is quashed. (KANWALJIT SINGH AHLUWALIA) 30-1-2009 JUDGE manju