CRM-M-23659-2011 (O&M) [ 1 ] :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23659-2011 (O&M) Date of decision:12.09.2011 Jaswant Singh and another ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Ranjivan Singh, Advocate, for the petitioners. Mr. J.S.Brar, AAG, Punjab, for respondent No.1. Mr. Kanwar Sanjiv Kumar, Advocate, for respondent No.2. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for quashing of the FIR No.47 dated 14.05.2011, registered under Sections 420 & 406 IPC at Police Station Sohana, District S.A.S. Nagar, Mohali (Annexure P-1) on the basis of the compromise dated 21.07.2011 (Annexure P-3). Petitioner No.1 is the brother and petitioner No.2 is the mother of the complainant (respondent No.2). The FIR was registered by the complainant with the allegation that she had a share in the ancestral property situated in village Mouli Baidwan, Tehsil and District S.A.S. Nagar, Mohali which was sold on 04.12.2010. She had asked her brother Jaswant Singh (petitioner No.1) to deposit her cheque in her bank account who fraudulently opened a joint account with her in HDFC Bank, Sohana. She came to know on enquiry that her amount has already been withdrawn by petitioner No.1. Learned counsel for the petitioners submits that the matter has been resolved between the parties as they belong to the same family and in this regard, an affidavit by respondent No.2 has been filed in CRM-M-23659-2011 (O&M) [ 2 ] :::::::: which she has stated that she had received the whole amount back from Jaswant Singh and Gurdev Kaur and nothing is thus due. Notice of motion was issued in this case pursuant to which respondent No.2 has come present in the Court alongwith her counsel Kanwar Sanjiv Kumar and has also filed reply to the petition. I have pointedly asked respondent No.2 about the compromise to which she has stated that she has entered into the compromise with her own free Will and does not want to prosecute the petitioners. She has been identified in the Court by her counsel Kanwar Sanjiv Kumar. Learned counsel for the petitioners relies 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 a non-compoundable offence can be compounded in order to bury the hatchet between the parties. Keeping in view the fact that the entire amount involved has already been paid, as averred by respondent No.2, there is nothing left to be decided in this case and it would be an exercise in futility as the complainant is not going to support the prosecution case. Hence, in view of the Full Bench decision of this Court in Kulwinder Singh and others' case (supra) and in the larger interest of the society, this petition is allowed and FIR No.47 dated 14.05.2011, registered under Sections 420 & 406 IPC at Police Station Sohana, District S.A.S. Nagar, Mohali (Annexure P-1) and all the consequential proceedings arising therefrom are quashed on the basis of the compromise dated 21.07.2011 (Annexure P-3). September 12, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE