CRM-M-32528-2011 (O&M) [ 1 ] :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32528-2011 (O&M) Date of decision:07.12.2011 Sandeep Singh and another ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. C.L.Pawar, Advocate, for the petitioners. Mr. A.S.Rai, DAG, Punjab. Ms. Bhupinder Kaur, Advocate, for the complainant. ***** RAKESH KUMAR JAIN, J. This is a petition filed under Section Section 482 of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”] for quashing of the FIR No.126 dated 08.05.2005, registered under Sections 326, 323, 324, 148, 149, 34 of IPC at Police Station City, Kapurthala (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of the compromise and affidavit dated 17.10.2011 (Annexures P-3 and P-4 respectively). Respondent No.2/complainant lodged the present FIR against three persons. Both the petitioners were declared proclaimed offenders vide order dated 27.10.2009, but a compromise (Annexure P-3) was effected between the parties on 17.10.2011 in terms of which an affidavit (Annexure P-4) is also filed by the complainant attested on the same day. On the last date of hearing, it was submitted by learned counsel for the petitioners that no charge under section 326 IPC has been framed. CRM-M-32528-2011 (O&M) [ 2 ] :::::::: Learned counsel for the petitioners has submitted that the matter has been amicably settled between the petitioners and the complainant who does not want to pursue his complaint/FIR before the Court of law. He has also relied upon a decision of this Court in the case of Parambir singh Gill v. Malkiat Kaur, 2010(1) Criminal Court Cases 0898 to contend that in case of a compromise with some of the accused, proceedings qua them can be quashed. Pursuant to the notice issued, respondent No.2/complainant had appeared in the Court on the last date of hearing who was identified by his counsel Mrs. Bhupinder Kaur. Learned counsel for the complainant has stated that the matter has been compromised and the complainant had no objection if the complaint/FIR qua the present petitioners is cancelled/quashed. I have heard learned counsel for the parties and perused the available record. Learned counsel for the petitioners has relied upon a Full Bench decision of this Court in the case of Kulwinder Singh and others v. State of Punjab and others, 2007(3) R.C.R. (Criminal) 1052 to contend that even in the case of a non-compoundable offence, the Court, while exercising its inherent jurisdiction under Sections 482 Cr.P.C., can order for compounding the offence in order to bring peace and harmony in the society and to bring the enmity to an end. Keeping in view the facts and circumstances of this case, the present petition is allowed and and as such, the FIR No.126 dated 08.05.2005, registered under Sections 326, 323, 324, 148, 149, 34 of IPC at Police Station City, Kapurthala (Annexure P-1) and all the subsequent proceedings arising therefrom are hereby quashed on the basis of the compromise and affidavit Annexures P-3 and P-4 respectively. December 07, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE