IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12565 of 2009 (O&M) Date of decision: 20th May, 2009 Balvir Singh and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gurcharan Dass, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the State. Ms. Anita Sharma, Advocate for the complainant respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 98 dated 09.07.2003 registered at Police Station Payal, District Ludhiana under Sections 324, 323, 506 & 34 IPC. Quashing of the FIR has been sought on the basis of compromise. Compromise has been annexed with the present petition as Annexure P-5. On May 7, 2009, notice of motion was issued and contention of the counsel for the petitioners was recorded, who stated at bar that trial has not concluded and petitioners have not been declared as Proclaimed Offenders. Counsel for the State, on instructions from SI Niranjan Singh, has stated that the entire prosecution evidence has been recorded. Even Criminal Misc. No. M-12565 of 2009 (O&M) statement of the accused under Section 313 Cr.P.C. has also been recorded. In the present case, offences fall under Section 324, 323, 506, 34 IPC. As stated by counsel for the petitioner, Section 324 IPC has been made non-compoundable by amending Code of Criminal Procedure in January 2009. Even otherwise, it is a case of causing simple injuries. Therefore, compromise can be given due credence, as it will promote everlasting peace, amity, harmony and cordial relations between the parties. Chargesheet formulated by the trial Court has been annexed with the present petition as Annexure P-4. It is stated therein that on 8th July, 2003 at about 8.30 a.m., Balbir Singh petitioner in furtherance of common intention has caused simple hurt with sharp weapon to Baljinder Singh. Whereas, Gurmel Singh caused simple hurt with a blunt weapon to Baljinder Singh. Baljinder Singh was also criminally intimidated. Baljinder Singh complainant is stated to be present in Court. He has been identified by SI Niranjan Singh of Police Station Payal (now Dehlon). Complainant has also filed reply by way of affidavit through his counsel, Ms. Anita Sharma. Even though, trial is at fag end, compromise can be given due sanctity by this Court taking into consideration that it will end bad blood and disharmony between the parties. It has been held by a Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation. Taking into consideration the ratio of law laid down in Kulwinder Singh’s case (supra), present petition is accepted, and the FIR No. 98 dated 09.07.2003 registered at Police Station Payal, District 2 Criminal Misc. No. M-12565 of 2009 (O&M) Ludhiana under Sections 324, 323, 506 & 34 IPC, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 20, 2009 rps 3