H.S. Bedi JUDGMENT
H.S. Bedi, J.
1. Leave granted.
2. This appeal is directed against the judgment dated 14th February 2006 whereby an application for quashing of FIR No. 155 dated 17th November 2001 registered at Police Station Kotwali, Amritsar under Sections 379,406, 409, 418, 506/34 of the Indian Penal Code on account of the compromise entered into between the complainant and the accused, has been declined on the ground that Section 406 was not compoundable as the amount involved was more than Rs. 250/- and that the case was already fixed on 28th April 2006 for the examination of the prosecution witnesses.
3. Notice was issued in this case on 21st August 2006 and the operation of the order was stayed in the meanwhile. A counter affidavit has been filed by the sole respondent i.e. State of Punjab and it has been pointed out, inter-alia, that the investigating officer had no information about the compromise between the parties, that the case was ripe for the recording of the prosecution evidence and that Section 406 was not compoundable as the amount involved was more than Rs. 250/-.
4. We have heard the learned Counsel for the parties. Concededly a compromise deed has been executed between the parties on 25th January 2002 in which it has been inter- alia recorded as under:
Whereas for the past some time some dispute had arisen in between both the parties regarding which first party has got an FIR No. 155/2001 registered under Sections 379/406/409/418/34 of IPC in P.S. Kotwali Amritsar. After the registration of aforesaid criminal case a compromise has been arrived at in between both the parties. As a result of which both the parties have resolved their differences once for all. Now second party does not owe anything to the first party and first party has undertaken to cooperate with second party in every manner to get the aforesaid FIR cancelled/quashed from appropriate Forum. Further more first party has no objection if the Bail of second party be accepted. Rather first party shall cooperate with second party in every manner to secure bail for him. In view of the compromise arrived at in between the parties entire differences and tensions those had arisen in between both the parties stands resolved and both the parties have undertaken not to file any proceed........