Criminal Misc. No.M-7884 of 2008(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-7884 of 2008(O&M) Date of Order: 20.05.2009 Pushpinder Singh Passi ...Petitioner Versus State of Punjab & another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. V.S.Rana, Advocate for the petitioner Mr. B.B.S.Teji, AAG, Punjab Mr. Hemender Goswami, Advocate for the complainant. RAJIVE BHALLA, J (Oral). Crl. Misc. No.25673 of 2009 Crl. Misc. application is allowed. Reply by way of affidavit of Nirmal Singh son of Harbhajan Singh , resident of Street No.4, Mohalla Bhagatpura, Phagwara, District Kapurthala, is taken on record. Criminal Misc. No.M-7884 of 2008 Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of the complaint and the summoning order dated 07.07.2003 on the basis of a compromise. Counsel for the petitioner and counsel for respondent no.2/complainant pray that in view of the compromise dated 09.03.2009 (Annexure P-8), the complaint and the summoning order be quashed. It is submitted that pursuant to a compromise, the petitioner and respondent no.2 have settled their differences and, therefore, have no objection, if the complaint and the summoning order are quashed. Counsel for the State of Punjab submits that as the matter arises Criminal Misc. No.M-7884 of 2008(O&M) -2- from a private complaint and the parties have entered in to a compromise, the State does not oppose the prayer for quashing of the complaint and the summoning order dated 07.07.2003, Annexure P-4 and all subsequent proceedings emanating therefrom. I have heard learned counsel for the parties, perused the compromise dated 09.03.2009, Annexure P-8. The complainant Nirmal singh son of Harbhajan Singh, resident of Street No.4, Mohalla Bhagatpura, Phagwara, District Kapurthala is present in court and has been identified by his counsel. He has filed an affidavit dated 16.05.2009, acknowledging the correctness of the compromise and deposing therein that he has no objection, if the complaint and the summoning order dated 07.07.2003, Annexure P-4 and all subsequent proceedings emanating therefrom are quashed. A compromise or a settlement, serves the immediate purpose of the parties as it enables them to proceed with their lives without illwill or rancour. In view of the compromise, the prosecution witnesses are not likely to support the prosecution leading to wastage of valuable Court time. In Kulwinder Singh v. State of Punjab and another, 2007 (3) RCR (Crl.) 1052, a Full Bench of this Court has held that, in the exercise of powers under Section 482 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non compoundable offences. In view of the facts narrated hereinabove and as the prayer for quashing of the FIR does not suffer from any legal impediment and is based upon a bonafide compromise, the present petition is allowed, the complaint and the summoning order dated 07.07.2003, Annexure P-4 and all subsequent proceedings emanating therefrom, are quashed. May 20, 2009 (RAJIVE BHALLA) nt JUDGE