Crl. Misc. No.M-19875 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-19875 of 2009 Date of decision: 03.09.2009 Bawa Singh and others …Petitioners Versus State of Punjab and another …Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Vipin Mahajan, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent No.1. Mr. A. D. S. Ghuman, Advocate for respondent No.2. L. N. MITTAL, J (ORAL) Bawa Singh and three others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C) for quashing of FIR No.117 dated 01.07.2009 under Sections 452, 326 and 324 read with Section 34 of the Indian Penal Code (IPC) registered at police station Dhariwal, Distt. Gurdaspur, Punjab (Annexure P-1), in view of compromise (Annexure P-2) effected with injured complainant-respondent No.2 Amarjit Singh. Reply on behalf of respondent No.2 filed today in Court is taken on record. It has been stated in the reply that the parties have effected compromise (Annexure P-2) with the intervention of respectables. Parties are residents of the same village and have neighbouring lands and, therefore, respondent No.2 has no objection to the quashing of the impugned FIR. Learned counsel for respondent No.2 on instructions from Crl. Misc. No.M-19875 of 2009 -2- respondent No.2 who is present in person in the Court, also makes a similar statement. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C, even if the offences are not compoundable. It was so held by Full Bench of this Court in the case Kulwinder Singh Vs. State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. In the instant case, the parties belong to the same village and have neighbouring lands. Compromise has been effected with the intervention of respectables. Injury falling within the ambit of Section 326 IPC is on elbow i.e non- vital part. The parties want to live in peace and harmony. It is, therefore, a fit case in which the impugned FIR should bequashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No.117 dated 01.07.2009 under Sections 452, 326 and 324 read with Section 34 IPC registered at police station Dhariwal, Distt. Gurdaspur, Punjab (Annexure P-1) is quashed along with all consequential proceedings arising therefrom. ( L. N. MITTAL ) JUDGE 03.09.2009 A.Kaundal