IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-2426 of 2010 Date of decision:March 02, 2010 Balwant Singh and others Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. H.S. Batth, Advocate for the petitioners Mr. B.S. Sra, Addl. A.G. Punjab Mr. Baljinder Singh, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 120 dated 6.10.2004 registered at Police Station Valtoha, District Tarn Taran under Sections 326, 323, 34 IPC on the basis of compromise (Annexure P-2) between the parties. Respondent No. 2 – Mahavir complainant, who has been identified by his counsel, has stated in the Court that he has no objection if the present FIR is quashed. In view of the statement made by respondent No. 2, no purpose will be served if the case is tried because as per the compromise respondent No. 2 will not support the case and it will merely be a wastage of precious time of this Court. It has been observed by Hon'ble Supreme Court of India in Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the Crl. Misc. No. M-2426 of 2010 2 parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by Hon'ble the Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.PC. to allow compounding of non- compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 120 dated 6.10.2004 registered at Police Station Valtoha, District Tarn Taran under Sections 326, 323, 34 IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 02.03.2010 JUDGE reena