IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-35317 of 2011 Decided on 23.12.2011 Sandeep Singh @ Bikka @ Billa --Petitioner vs. State of Punjab --Respondent AND CRM-M-37044 of 2011 (O&M) Decided on 23.12.2011 Inderjit Singh --Petitioner vs. State of Punjab and others --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Vikram Singh,Advocate, for the petitioners Mr. A.S.Rai, DAG, Punjab RAKESH KUMAR JAIN,J: (ORAL) This order shall dispose of two petitions bearing CRM-M- 35317 of 2011 titled as Sandeep @ Bikka @ Billa Vs. State of Punjab (hereinafter referred to as the first petition) and CRM-M-37044 of 2011 titled as Inderjit Singh Vs. State of Punjab and others (hereinafter referred to as the second petition). The first petiton has been filed for regular bail in a case registered vide FIR No.8 dated 10.2.2003, under Sections 326,324, 323, 307,506, 148,149 of IPC, at Police Station Bhogpur, District Jalandhar and the seconed petition is filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the aforesaid FIR and all other subsequent proceedings arising therefrom on the basis of compromise. Notice was issued in both the petitions. Mr. Jasmer Singh, Advocate, has appeared on behalf of the complainant who is arrayed as CRM-M-35317 2011 -2- respondent No.2 in the second petition. Learned counsel for the petitioners has submitted that he had filed anticipatory bail petition bearing CRM-M-28459 of 2011 on behalf of Inderjit Singh which has been allowed by this Court vide order dated 03.11.2011 on the basis of compromise between the parties. It is submitted that the complainant had moved an application before the learned Judicial Magistrate Ist Class, Jalandhar, in which he had alleged that the matter has been compromised between the parties, as a result of which vide order dated 01.3.2011, as many as 9 other accused have been acquitted by the said Court. Mahinder Singh complainant is present in Court and is identified by his counsel Mr.Jasmer Singh as well as by HC Krishan Lal. The complainant has stated that the matter has been settled between the parties and hence he does not want to proceed further even against Inderjit Singh and Sandeep Singh @ Bikka @Billa as these are the only two accused who are left out of the eleven accused who have not been acquitted so far. Learned counsel for the respondent has argued that some of the offences in which the FIR has been registered are non-compoundable. In this regard, learned counsel for the petitioners has relied upon a Full Bench decision of this Court in the case of Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) R.C.R. (Criminal ) 1052, to contend that even non compoundable offences can also be compounded and the FIR can be quashed in order to burry the hatchet between the parties by exercising the inherent jurisdiction of this Court under Section 482 of the Cr.P.C. CRM-M-35317 2011 -3- After perusing the record and hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case, the second petition is allowed and the present FIR No.8 dated 10.2.2003, under Sections 326,324, 323, 307,506, 148,149 of IPC, at Police Station Bhogpur, District Jalandhar and all subsequent proceedings arising therefrom are quashed on the basis of compromise. In view of the fact that the FIR in question has been quashed in the second petition, the first petition in which Sandeep Singh @ Bikka @ Billa has applied for bail and is in custody , it is directed to be released. 23.12.2011 (Rakesh Kumar Jain) RR Judge