CRM No. M-18923 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-18923 of 2009 (O&M) Date of decision: 18.11.2009 Bhupinder Singh ...Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. M.K. Singla, Advocate, for the petitioner. Mr. Gaurav Dhir, AAG, Haryana. Mr. Vipul Jindal, Advocate, for respondent No.2. Rajan Gupta, J (oral) This is a petition under Section 482 Cr.P.C. seeking quashing of the cross case, registered under Sections 323, 324, 148, 149 IPC (Annexure P-2) (however charge has been framed under Sections 324, 148, 149 IPC) at Police Station Mullana, District Ambala in FIR No.366 dated 9th September, 1997, under Sections 354, 148, 149, 323, 324, 325 IPC (Annexure P-1), Police Station Mullana, District Ambala, on the basis of compromise, Annexure P-3. Learned counsel for the petitioner submits that the parties have compromised the matter and even both the sides have been acquitted by Judicial Magistrate Ist Class, Ambala Cantt. vide judgment dated 19th April, 2008, on the basis of compromise entered into between the parties, except the present petitioner as he was declared a proclaimed CRM No. M-18923 of 2009 2 offender on 12th December, 2007. According to the counsel, in this case all the offences under Sections 323, 324, 148, 149 IPC against the petitioner in the cross case, are compoundable with the permission of the Court. Counsel for respondent No.2 affirms the factum of compromise between the petitioner and respondent No.2. He has pointed out that respondent No.2 had appeared before the trial Court as prosecution witnesses and deposed on oath that compromise had been arrived at with the accused. He has referred to Annexures P2 & P3 in this regard. Counsel for the petitioner has relied upon the judgment of this Court in Hardev Singh vs. State of Punjab and others, 2009 (3) RCR (Criminal) 63 to contend that since the petitioner is ready to surrender before the trial Court, the trial may be directed to be expedited. Learned State counsel has also affirmed the factum of acquittal of the accused from both the sides by the Court of Judicial Magistrate Ist Class, Ambala Cantt. on the basis of compromise arrived at between the parties. In the peculiar facts and circumstances of this case, since the co-accused of the petitioner have been acquitted on the basis of the same compromise, on which reliance has been placed in the instant petition, it is directed that in case the petitioner surrenders before the trial Court, the said Court shall conclude the trial expeditiously, CRM No. M-18923 of 2009 3 preferably within a period of four months. However, in case the petitioner does not cooperate with the trial, the said court shall be at liberty to deal with him in accordance with law. In case the petitioner surrenders before the trial court within three weeks from the date of receipt of certified copy of this order and moves application for bail, the same shall be decided within one week thereafter. After the petitioner surrenders before the trial Court, his arrest shall remain stayed till the decision of his bail application. With the observations aforesaid, the instant petition stands disposed of. (RAJAN GUPTA) JUDGE November 18, 2009 'rajpal'