Crl.Misc.No.M-26495 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No.M-26495 of 2009 Date of Decision: 14.12.2009 Nirmal Singh and others .....Petitioners Vs. State of Punjab and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. G.N. Malik, Advocate for the petitioners. Mr. C.S. Brar, DAG, Punjab for respondent no.1. Mr. K.S. Boparai, Advocate for respondent no.2. .... RAJIVE BHALLA, J (Oral) Prayer in this revision petition is for quashing of FIR No.92 dated 24.8.2005, registered under Sections 341, 323, 324, 379, 120-B 109,148,149 IPC and Section 325 IPC added later on, at Police Station Ahmedgarh, Distt.Sangrur. Counsel for the petitioners submits that during the pendency of the trial, the petitioners and the complainant have resolved their differences and have agreed by a written compromise dated 1.9.2009 that the petitioners would withdraw their complaint pending before the Judicial Magistrate, Ist Class, Malerkotla and the complainant would have no objection to the quashing of the FIR and all consequential proceedings arising therefrom. Counsel for the respondent no.2, acknowledges the correctness of the compromise and has in addition filed an affidavit dated 14.12.2009, Crl.Misc.No.M-26495 of 2009 2 duly sworn by Harvinder Singh s/o Gurdev Singh, the complainant accepting the correctness of the compromise and praying that he has no objection, if the FIR and all subsequent proceedings emanating therefrom are quashed. Counsel for the parties pray that in view of the compromise between the parties, the present petition be allowed and the FIR and all subsequent proceedings emanating therefrom be quashed. Counsel for the State of Punjab submits that as parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom. I have heard learned counsel for the parties, perused the FIR, the compromise dated 1.9.2009 (Annexure P-2) and the affidavit filed by Harvinder Singh s/o Gurdev Singh,respondent no.2 dated 14.12.2009 (Mark `A'). The petitioners and respondent no.2 have resolved their differences amicably by way of a bonafide compromise, free from any fraud, coercion or undue influence. The petitioners have agreed to withdraw their complaint, whereas the complainant has no objection, if the FIR is quashed. A compromise or a settlement, serves the immediate purpose of parties as it enables them to proceed with their lives without illwill or rancour. In view of the compromise, the witnesses are not likely to support the prosecution. To permit the prosecution to proceed further would, in my considered opinion be an exercise in futility, an unnecessary wastage of public money and valuable court time. A Full Bench of this Court in Kulwinder Singh and others V. State of Punjab and another, 2007(3) RCR (Crl.) 1052, has held that, in the exercise of powers under Section 482 Crl.Misc.No.M-26495 of 2009 3 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non compoundable offences. In view of what has been stated herein above, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom does not suffer from any legal impediment, the present petition is allowed and the FIR No.92 dated 24.8.2005, registered under Sections 341,323,324,379,120-B,109,148,149 IPC and Section 325 IPC added later on, at Police Station Ahmedgarh, Distt.Sangrur and all subsequent proceedings arising therefrom are quashed. The petitioners, as stated would withdraw their complaint. 14.12.2009 (RAJIVE BHALLA) GS JUDGE