CRM No.M-12952 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA, AT CHANDIGARH CRM No.M-12952 of 2014 Decided on : 01.09.2014 Sunny and others Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MR.JUSTICE RITU BAHRI Present : Mr.Sandeep Arora, Advocate for the petitioners. Mr.D.S.Virk, AAG, Punjab. Ritu Bahri, J. (Oral)
This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.97 dated 26.04.2008 under Sections 452, 323, 325, 148, 149, IPC registered at Police Station Maqsudan, District Jalandhar, on the basis of compromise.
The FIR was registered on the statement made by Amandeep son of Shri Kartar Chand against the accused alleging that on 24.04.2008, he along with his friend Manga resident of village Waryana had gone to the mother of my aunt whom we used to call as grand mother. After meeting her when we were stepping out of the house and had just trying to come out of the house itself, then Sunny and Rahul both sons of Balbir Chand resident of village Waryana and Seeti son of Shankar Dass resident of village Waryana and Balbir Chand resident of village Waryana came there in a forcible manner and out of them Rahul was having a punch in his hand and he gave a punch blow on my face and as a result of that, my two tooth had fallen on the ground. Sunny who was holding a base bat in his hand hit me just above the upper portion of the right eye and I fell down the ground. Then Sindi and Balbir Chand started giving kick blows to me On hearing of my cry, Roop Lal came there and saved me from the cloches of the accused persons. Motive behind the incident is that Rahul had been teasing my cousin.
During the pendency of the investigation, the matter has been compromised between the parties.
Vide order dated 21.04.2014 passed by this Court, parties were directed to appear before the trial court to get recorded their statements regarding compromise.
In compliance of order dated 29.04.2014, report of trial Court has been received in this regard. As per report, statement of complainant as well as accused persons have been recorded regarding compromise. The compromise is genuine, voluntary and without any coercion and unde influence. Now the petitioner has no objection if the FIR against the petitioners be quashed.
In view of separate statement of the parties, the court is satisfied that the compromise is valid and genuine. Consequently, in view of the statement made by the complainant and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No.97 dated 26.04.2008 under Sections 452, 323, 325, 148, 149, IPC registered at Police Station Maqsudan, District Jalandhar is quashed along with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of.
[ Ritu Bahri ] Judge 01.09.2014 sd