judgment

Harjit Singh 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 betwee