Criminal Misc. No.M-12048 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-12048 of 2009 Date of decision: 14th May, 2009 Hardial Singh and others ......Petitioners Versus State of Punjab and others ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. P.S.Sekhon, Advocate for the petitioners. Mr. B.B.S.Teji, AAG, for respondent no.1. Mr. K.S.Kahlon, Advocate for the respondents no. 2 and 3. RAJIVE BHALLA, J. Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of the cross version of the FIR No. 2, dated 14.01.2009, registered under Sections 326, 452, 324, 323, 148, 149 of the Indian Penal Code, at Police Station Sherpur, District Sangrur, in case DDR No. 20, dated 16.01.2009, registered under Sections 326, 324, 323, 34 of the Indian Penal Code, at Police Station Sherpur, District Sangrur, and all subsequent proceedings emanating therefrom, on the basis of a compromise. Counsel for the petitioners and counsel for respondents no. 2 and 3, pray that as parties have settled their differences and have executed a compromise, dated 23.04.2009(AnnexureP-‘4’), therefore, the FIR and all proceedings emanating therefrom be quashed. 1 Criminal Misc. No.M-12048 of 2009 Counsel for the State of Punjab, submits that as the parties have entered into a compromise, the State does not oppose the prayer for quashing of FIR and all subsequent proceedings emanating therefrom. I have heard counsel for the parties, perused the compromise dated 23.04.2009, and the affidavits filed by the respondents no. 2 and 3 namely Gurinder Singh son of Nachhattar Singh, Lakhvir Singh son of Jarnail Singh, and am of the considered opinion that the petitioners and respondents no. 2 and 3 have resolved their differences by a bonafide compromise, free from any fraud, coercion or undue influence. The respondents namely Gurinder Singh, and Lakhvir Singh are present in Court and have been duly identified by their counsel. They acknowledge the correctness of the compromise, and the affidavits. 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 and in peace and harmony. In view of the compromise, the witnesses are not likely to support the prosecution and therefore to permit prosecution to carry on would, in my considered opinion be an exercise in futility and an unnecessary wastage of public money and valuable Court time. A Full Bench of this Court in Kulwinder Singh and Others vs. The State of Punjab reported as 2007(3) RCR (Crl.)1052 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 what has been stated hereinabove, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom, does not suffer from any legal impediment, the present petition is allowed and the DDR No. 20, dated 16.01.2009, registered under Sections 326, 324, 323, 34 of the Indian Penal Code, at Police 2 Criminal Misc. No.M-12048 of 2009 Station Sherpur, District Sangrur, and all subsequent proceedings emanating therefrom, are quashed. [RAJIVE BHALLA] JUDGE 14th May, 2009 SKaushik 3