Crl. Misc. No.M-12074 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-12074 of 2010 Date of Decision: July 20, 2010 Chatwinder Singh @ China @ Chaunda …..Petitioner Vs. State of Punjab and another …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.S. Chahal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Quashing of FIR of the year 2001 under Sections 323, 325, 356, 506, 148, 149 IPC, registered at Police Station Sadar Ludhiana has been sought for by the petitioner on the basis of a compromise having been entered with complainant- respondent No.2, relying upon the Full Bench judgment of this Court in Kulwinder Singh Vs. State of Punjab, 2007 (3) RCR (Crl.) 10562. Crl. Misc. No.M-12074 of 2010 [2] After going through the contents of the FIR and the status of the trial, it appears that the petitioner alongwith others is alleged to have assaulted the complainant. All the other co-accused of the petitioner seem to be absconding as is apparent from the interim orders passed by the trial Court till July 10, 2010. The FIR registered against the petitioner and others cannot be quashed partially on the basis of compromise. The petitioner can claim acquittal in case the complainant does not depose against him before the trial Court but the difficulty which has been expressed by counsel for the petitioner is that the trial being lingering on since 2001 on account of other accused having abstained appearance before the trial Court. It appears that the petitioner also evaded appearance till April 5, 2010. No ground is made out for quashing of FIR on the basis of compromise. Dismissed. However, it is directed that in case the petitioner moves an application for segregation of the trial from the other accused after they have been declared proclaimed offenders, the said application will be allowed in accordance with law and it will be open to the trial Court to either separate the trial of the petitioner or to continue with the proceedings against the petitioner. However, it is directed that the trial will be concluded against the petitioner within a period of three months after the framing of charges. Even otherwise, it will be open to the trial Court to proceed as per the provisions of Section 299 Cr.P.C. and conclude the trial. Crl. Misc. No.M-12074 of 2010 [3] July 20, 2010 (M.M.S.BEDI) sanjay JUDGE