IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7511 of 2010 Date of decision: March 29, 2010 Sukhchain Singh @ Moni and another Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. TPS Bhatti, Advocate for the petitioners Mr. B.S. Sra, Addl. A.G. Punjab Dr. Naresh Kaushik, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 108 dated 3.10.2008 registered at Police Station Dehlon, District Ludhiana under Sections 452, 323, 254, 506, 148, 149 IPC on the basis of compromise (Annexure P-2) between the parties. Learned counsel for the petitioners submit that compromise has been effected with the intervention of village Panchayat and respectables with a view to review the harmonious, cordial and peaceful atmosphere and relation between the parties. Learned counsel for respondent No. 2 has submitted an affidavit of Jaswinder Kaur – respondent No. 2 in the Court which is placed on record. Respondent No. 2 – Jaswinder Kaur is also present in the Court who has been identified by her counsel and has stated that she has no objection if the present FIR is quashed. In view of the statement made by respondent No. 2, no purpose would be served if the case is tried, as per the compromise respondent No. 2 will not support the case of the prosecution and it will merely be a sheer wastage of precious time of this Court. Crl. Misc. No. M-7511 of 2010 2 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. 108 dated 3.10.2008 registered at Police Station Dehlon, District Ludhiana under Sections 452, 323, 254, 506, 148, 149 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 29.03.2010 JUDGE reena