Criminal Misc. No.M-7371 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-7371 of 2008 Date of Decision:09.04.2008 Shilender Singh @ Pinder Singh @ Nikka .....Petitioner Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Sandeep Arora, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab for respondent No.1. Mr. G.S.Rawat, Advocate for respondents No.2 and 3. **** RAJESH BINDAL, J. The prayer made in this present petition filed under Section 482 of the Code of Criminal Procedure (for short `the Code') is for quashing of FIR No.85 dated 6.7.1992 registered under Sections 323, 326, 34 IPC at Police Station Julkan, District Patiala and all subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that the parties are closely related. The petitioner is nephew of Sardara Singh, respondent No.2/ complainant. In the fight, respondents No.2 and 3 had suffered injuries. Four accused were there in the FIR out of which Diwan Singh was acquitted whereas Surjit Singh and Khazan Singh were convicted to undergo imprisonment which ultimately was reduced to period already undergone by this Court and the trial against the petitioner could not be held for the reason that he was declared Proclaimed Offender. The petitioner had in fact gone out of the country. Now the respondents No.2 and 3/ complainants have compromised the matter with the petitioner who is their real nephew (brother's son). An affidavit to that effect has been filed in Court today which has been taken on record along with compromise deed in which the complainants have stated that they have no objection in case the FIR in question is quashed. Once that is so the FIR in question registered against the petitioner be quashed. Reliance has been placed upon a five Criminal Misc. No.M-7371 of 2008 -2- Judge Bench judgment of this Court in Kulwinder Singh v. State of Punjab, 2007(3) Law Herald (P&H) 2225. The facts stated by the petitioner are not disputed by counsel for respondents No.2 and 3. Once the matter has been compromised between the parties, no useful purpose will be served by proceeding with the prosecution. Accordingly, considering the law laid down by this Court in Kulwinder Singh's case (supra), FIR No.85 dated 6.7.1992 registered under Sections 323, 326, 34 IPC at Police Station Julkan, District Patiala and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. April 09, 2008 ( RAJESH BINDAL ) renu JUDGE