Crl.Misc.No.M- 16675 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 16675 of 2010 (O&M) Date of decision: 27.7.2011 Jaswinder Singh Rana ......Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Satinder Khanna, Advocate, for the petitioners. Mr.Vishal Munjal, Addl.A.G.Punjab. Mr.Deepa Jain, Advocate, for respondent No.2. **** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing FIR No. 198 dated 11.10.2002 (Annexure P-1), under Sections 379, 427, 447 of the Indian Penal Code ('IPC' for short),1860 registered at Police Station Phillaur and subsequent proceedings arising therefrom in view of the compromise (Annexure P-3) arrived at between the parties. Learned counsel for the petitioner has submitted that a compromise was effected between the parties. The same was Crl.Misc.No.M- 16675 of 2010 (O&M) 2 signed by Jagdev Singh on his own behalf and on behalf of the petitioner. As per the compromise, Jagdev Singh had withdrawn the case filed by the petitioner against respondent No.2 Makhan Singh and others. Now the petitioner was staying in United Kingdom and hence, the FIR qua him was liable to be quashed on the basis of compromise. Learned counsel for respondent No.2, on the other hand, has submitted that although the other co-accused had been acquitted in view of the compromise effected between the complainant and the said accused, but no compromise had been effected between the petitioner and respondent No.2. A perusal of the compromise (Annexure P-3) reveals that a compromise had been effected between the parties as both the sides had filed cases against each other. It was agreed that the parties would withdraw the cases against each other. The petitioner had filed a case against Makhan Singh and others and the same would be withdrawn by his attorney Jagdev Singh. In the FIR lodged against the petitioner and others, Makhan Singh would not take any action in the said case. The compromise was also effected qua proceedings under Section 145 Cr.P.C. pending between the parties. The compromise is duly signed by Makhan Singh, Jagdev Singh and others. On the basis of the said compromise, the co-accused of the petitioner were acquitted by the Sub Divisional Judicial Magistrate vide order dated 15.6.2007 (Annexure P/2 ). Since the compromise had been duly effected between the parties, the FIR in question qua the petitioner is liable to be quashed. Now respondent No.2 cannot take 'U' turn and deny the execution of the compromise qua the Crl.Misc.No.M- 16675 of 2010 (O&M) 3 petitioner, whereas, a perusal of the compromise reveals that respondent No.2 had entered into a compromise with the petitioner also. Jagdev Singh, as attorney of the petitioner, has withdrawn the case against Makhan Singh and others in view of the compromise. Hence, continuation of criminal proceedings against the petitioner would be nothing but an abuse of process of law. Accordingly, the present petition is allowed. FIR No. 198 dated 11.10.2002 (Annexure P-1), under Sections 379, 427, 447 IPC, registered at Police Station Phillaur, and all the subsequent proceedings arising therefrom are quashed. (SABINA) JUDGE July 27, 2011 anita