IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-26331 of 2009 Date of decision : 27.10.2009 Bhim Singh and others … Petitioners Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.K.K.Saini, Advocate for the petitioner. Mr.Ranbir Singh Rawat, AAG, Punjab. Mr.Parveen Gaur, Advocate for the complainant. Rakesh Kumar Jain, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.62 dated 19.6.2008 under Section 306 IPC registered at Police Station Bhadson, District Patiala (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of a compromise entered into between the parties (Annexure P-2). The aforesaid FIR was registered on the complaint of Pritam Singh (respondent No.2) who had suspected that his father has died because of the harassment caused to him at the time of demarcation of land. Learned counsel for the petitioners has submitted that even during the investigation, it has been found that Kaur Singh father of the complainant, had died due to sudden cardiac arrest. As per opinion of the Doctor, the reason for death of the father of the complainant was sudden cardiac arrest as a result of base line hypertrophic Cardionyopathy of the Heart, which is sufficient to cause death in ordinary course of nature. It is also submitted that with the intervention of respectables of the village, both the parties have effected a compromise at their own free will Crl.Misc.No.M-26331 of 2009 and their dispute has been amicably settled. A Panchayati compromise was entered between the parties (petitioners and the complainant-respondent No.2) on 19.6.2009 (Annexure P-2) is taken on record. In view of the compromise, the complainant does not want to pursue the case in future. Notice of motion was issued. In response thereof, respondent No.2 has put in appearance along with his counsel, Mr. Parveen Gaur. All the seven petitioners are present in Court, who have been identified by their counsel Mr.K.K.Saini and respondent No.2 is also present in Court who has been identified by his counsel Mr.Parveen Gaur. I have asked the petitioners as well as complainant-(respondent No.2) about the compromise (Annexure P-2) to which, they have stated that a compromise has been entered into between them and the same is existing till date. Learned State counsel has also submitted that after the investigation, a cancellation report has been prepared and the same has been submitted to the Ilaqa Magistrate, which is pending. Learned counsel for the petitioners has submitted that though Section 306 IPC is not compoundable but in view of the decision of this Court by a Larger Bench in case of Kulwinder Singh and others vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, even a non- compoundable offence can also be compounded. After hearing learned counsel for the petitioners and keeping in view the facts and circumstances of this case that Kaur Singh father of the complainant- respondent No.2, died due to sudden cardiac arrest as per opinion of the doctor and the matter has been amicably resolved between the parties with the intervention of the respectables of the village, the present FIR No.62 dated 19.6.2008 under Section 306 IPC registered at Police Station 2 Crl.Misc.No.M-26331 of 2009 Bhadson, District Patiala (Annexure P-1) and all other subsequent proceedings arising therefrom are hereby quashed. This petition stands allowed. [ Rakesh Kumar Jain ] Judge 27.10.2009 sd 3