Criminal Misc. No.M-30054 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30054 of 2008 Date of Order: 20.01.2009 Darshan Singh ...Petitioner Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vipul Aggarwal, Advocate for the applicants. Mr.C.S.Brar, DAG, Punjab for the respondent-State. Mr. Vijay Kajla, Advocate for respondent no.2. RAJIVE BHALLA, J (Oral). Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing for FIR No. 204, dated 27.10.2005, registered under Sections 379, 447, 427, 148, 149 of the Indian Penal Code, at Police Station Sadar, District Ludhiana and all subsequent proceedings arising therefrom. Counsel for the petitioner as also counsel for respondent no.2, the complainant submit that parties have resolved their differences and respondent no.2 does not wish to proceed with the prosecution. The FIR and all subsequent proceedings emanating therefrom be, therefore, quashed. Counsel for State of Punjab, on instructions from ASI Pawan Kumar, Police Station Ladowal, District Ludhiana, states that the State has no objection, as the parties have resolved the dispute amicably. I have heard counsel for the parties and perused the compromise. The petitioner and the complainant are present in person and have been identified by their respective counsel. The terms and conditions of the compromise, Annexure P-3, read as follows:- Criminal Misc. No.M-30054 of 2008 -2- i) That party of first part will file quashment proceedings before the Hon'ble Punjab & Haryana High Court, Chandigarh as both the parties are now not having any grudge against each other. ii) That both the parties have settled their dispute with each other and they undertake that they will not take any action or step against each other. Iii) That the party of the second part has no objection if the quashment proceedings filed by the parties of first part before the Hon'ble Punjab and Haryana High Court be quashed and he also undertakes that he will help the party of first part in getting the quashment proceedings accepted before the Hon'ble High Court at Chandigarh.” The petitioner and the complainant acknowledge their signatures on the compromise. In view of the compromise, the prosecution is likely to fail as the complainant and his witnesses would not depose in favour of the prosecution. In Kulwinder Singh v. State of Punjab and another, 2007(3) RCR(Criminal) 1052, a Full Bench of this Court has held that the powers under Section 482 of the Code of Criminal Procedure can be invoked to quash non-compoundable offences. In view of what has been stated hereinabove, the present petition is allowed and the FIR No. 204, dated 27.10.2005, registered under Sections 379, 447, 427, 148, 149 of the Indian Penal Code, at Police Station Sadar, District Ludhiana and all subsequent proceedings arising therefrom are quashed. January 20, 2009 (RAJIVE BHALLA) nt JUDGE