In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-11717 of 2009 Date of decision: 30.4.2009 Gurmit Singh and others ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Chanchal K.Singla, Advocate, for the petitioners. **** SABINA, J. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.953 dated 21.9.2001 (Annexure P-1), under Sections 452, 435, 427, 323, 506, 34 of the Indian Penal Code (“IPC”- for short), registered at Police Station Sadar Partial District Patiala and all consequential proceedings arising therefrom on the basis of compromise (Annexure P-3) arrived at between the parties. Notice of motion. At the asking of Court, Mr.Amandeep Singh Rai, AAG, Punjab accepts notice on behalf of respondent No.1. Mr.P.S.Sekhon, Advocate, has accepted notice on behalf of respondent No.2. Learned counsel for the petitioners has submitted that although the petitioners were convicted and sentenced for an offence Criminal Misc. No.M-11717 of 2009 -2- under Sections 452, 435 and 323 IPC by the Judicial Magistrate, Ist Class, Patiala vide judgment and order dated 21.8.2008 (Annexure P-2) but now with the intervention of relatives and friends, parties have arrived at a compromise on 24.3.2009 (Annexure P-3). Appeal against the judgment and order of conviction and sentence is pending before the Additional Sessions Judge, Patiala Since the petitioners have already been convicted for an offence under Section 452, 435 and 323 IPC by the trial Court, no ground for quashing of the FIR at this stage on the basis of compromise is made out. However, the Appellate Court is directed to take into consideration the compromise effected between the parties, while deciding the issue regarding quantum of sentence in case it comes to the conclusion that conviction of the petitioners under Sections 452, 435 and 323 is liable to be upheld. Petition stands disposed of in the above terms. (SABINA) JUDGE April 30, 2009 anita