CRM-M-22251 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-22251 of 2009 DATE OF DECISION: 10.11.2009 **** Kaushal Kamboj and others . . . . Petitioners VS. State of Haryana and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Johan Kumar, Advocate for the petitioners. Mr.Amit Khatkar, AAG, Haryana. Mr.Vikram Singh, Advocate for respondent No.2. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C’) for quashing of FIR No.545 dated 18.12.2008 registered under Sections 148, 149, 323 & 341 of Indian Penal Code (in short ‘IPC’) and Section 307 IPC added later on, at Police Station Sadar Karnal, Distt. Karnal and subsequent proceedings arising therefrom on the basis of a compromise (Annexure P-2). Learned counsel for the petitioners has submitted that offence under Sections 148, 149 and 307 IPC have already been deleted. He further submits that Kaushal Kamboj (petitioner No.1), Vinesh Deswal (petitioner No.2), Sudhir (petitioner No.3) and Vicky @ Amit (petitioner No.4) have been found to be innocent. He further submits that challan has been presented only against Sandeep (petitioner No.5). Learned counsel for the petitioners has further submitted that due to the intervention of the respectables, a compromise (Annexure P-2) has been effected between the parties, pursuant to which Subhash (complainant/respondent No.2) has sworn an affidavit CRM-M-22251 of 2009 - 2 - (Annexure P-2) dated 1.8.2009, in which he has admitted that the matter has been resolved between the parties and he would have no objection if the FIR is quashed. Notice of motion was issued. Pursuant thereto reply has been filed by learned counsel for the State as well as Subhash (complainant) through Mr.Balkar Singh, Advocate. Both, Sandeep (petitioner No.5) and Subhash (complainant/respondent No.2), are present in the Court and have been identified by their counsel Mr.Johan Kumar and Mr.Vikram Singh, respectively. I have asked Subhash (complainant/respondent No.2) about the compromise to which he has stated that the compromise has been effected and there is no change in it till date. The present FIR has been registered Sections 148, 149, 323 & 341 IPC. As per Section 320 of the Cr.P.C., Section 323 and 341 IPC are compoundable. Even otherwise, in view of the decision of the Full Bench of this Court reported as Kulwinder Singh & Others vs. State of Punjab and others, 2007(3) RCR (Criminal) 1052, even non- compoundable offence can also be compounded if the parties have already resolved their dispute. After hearing learned counsel for the parties and keeping in view the facts and circumstances, where both the offences are compoundable and in view of a Full Bench judgment of this Court in case of Kulwinder Singh (supra), the present petition is allowed, FIR No.545 dated 18.12.2008 and all the subsequent proceedings arising therefrom including the report under Section 173 Cr.P.C. are hereby quashed. (RAKESH KUMAR JAIN) NOVEMBER 10, 2009 JUDGE vivek