CRM-M 19675 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on Oct 13,2009 Pritam Singh and others --.Petitioners Versus The State of Punjab and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN PRESENT: Mr.A.K.Khunger, Advocate,for the petitioners Mrs.Rajni Gupta,Addl.A.G.Punjab Mr. M.S.Rai,Advocate,for respondent No.2. Rakesh Kumar Jain, J: (Oral) CRM 35384 of 2009 Allowed. CRM-M 19675 of 2009 This order shall dispose of two CRM-M 19675 of 2009 (Pritam Singh and others Vs. The State of Punjab and another) and CRM-M 19676 of 2009 (Chhinda Singh and others Vs. The State of Punjab and another) filed for quashing of FIR No.239 dated 21.11.2002, registered under Sections 452,325,323,34 IPC at Police Station, Khuian Sarwar, District Ferozepur. However, for the sake of convenience, the facts are being extracted from CRM-M 19675 of 2009. Respondent No. 2 got the FIR registered for an occurrence alleged to have taken place on 22.11.2002. In the same occurrence, one CRM-M 19675 of 2009 (O&M) 2 D.D.R No.27 dated 21.11.2002, was also registered by one Harwinder Singh in respect of which CRM-M 19676 of 2009 has been filed. Learned counsel for the petitioners has submitted that a compromise has been effected between the parties on 3.7.2009 (Annexure P3). He further submits that all the offences are compoundable under Section 320 of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') except for Section 452 IPC. It is further submitted that since the parties to the dispute have decided to bury the hatchet and wanted to live peacefully in the village, therefore, keeping in view the decision of the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) R.C.R (Criminal) 1052, the matter may be compounded and both the aforesaid FIR and DDR and all other proceedings arising therefrom, may be quashed. Smt.Sumitra Devi (respondent No.2.) complainant in CRM-M 19675 of 2009 is present in the Court. Similarly, Harwinder Singh, who is the complainant in CRM-M 19676 of 2009 is also present in Court. Smt,. Sumitra Devi wife of Jagjit Singh is identified by her counsel Mr. M.S.Rai, whereas Harwinder Singh has been identified by his counsel Mr.A.K.Khunger. I have asked both the parties about the compromise, to which both of them have stated that a compromise has been effected between them and there is no change in it. Section 320 Cr.P.C. provides for the list of offences which can be compounded with or without the intervention of the Court. Section 323 IPC falls in Section 320 (1) Cr.P.C.,whereas Section 325 IPC falls in list of Section 320 (2) Cr.P.C. Only Section 452 IPC is non-compoundable in this case. It is now well settled that finest hour of justice is the hour of CRM-M 19675 of 2009 (O&M) 3 compromise and as held by a Full Bench of this Court in the case of Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) R.C.R.(Criminal) 1052, that if the parties have entered into a compromise after settling their disputes then in order to create harmony and peace in the Society, this Court has the powers to compound even a non compoundable offence. Thus, in view of the above stated facts and circumstances, both the petitions, referred to above, are hereby allowed. Consequently, FIR No.239 dated 21.11.2002, registered under Sections 452,325,323,34 IPC at Police Station, Khuian Sarwal,District Ferozepur. and D.D.R No.27 dated 21.11.2002 and all other proceedings arising therefrom are hereby quashed. October 13,2009 (Rakesh Kumar Jain) RR Judge