IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13381 of 2009 (O&M) Date of decision: 26th May, 2009 Ramandeep Singh and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S. Brar, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Ms. Daljit Kaur, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 79 dated 03.05.2008 registered at Police Station Ghalkhurd, District Ferozepur under Sections 323, 324, 452, 34 IPC. Quashing of the FIR has been sought on the basis of compromise. FIR, in the present case, was lodged by Beant Singh respondent No.2. In the FIR, he stated that he is aged about 70 years and is having Herman Medical Store in Mahla Chowk, Mudki. Lakhbir Singh son of Raghbir Singh was working in the Medical Store. On 2nd May, 2008 at about 8.00 p.m. Pritam Singh had come to the shop of the complainant to take medicine. Jagroop Singh son of Chhotu Singh armed with Kappa, Chhotu Singh son of Gurdit Singh empty handed and Ramandeep Singh Criminal Misc. No. M-13381 of 2009 (O&M) son of Gurdour Singh armed with a dang also came and entered the shop of the complainant. Chhotu Singh raised lalkara that Pritam Singh is helping other party and he should be taught a lesson. Jagroop Singh gave a kappa blow on the left wrist of the complainant. Chhotu Singh raised lalkara that teach lesson to Beant Singh for intervening. Ramandeep Singh gave a thrust blow on the left eye, fingers of right hand and right side of the forehead and chest of the complainant. Counsel for the petitioners has relied upon Affidavit (Annexure P-2) submitted by the complainant respondent No.2, in which he has stated that compromise has been effected between the parties. Counsel has submitted that in the present case, untraced report was presented, where the complainant made a statement that he is not in agreement with untraced report and he intend to pursue the case. Judicial Magistrate (1st Class), Ferozepur ordered that the matter be re-investigated by an officer not below the rank of DSP. Today, complainant respondent No.2 is present in Court. He has been identified by his counsel Ms. Daljit Kaur. He has stated that he does not want to pursue the FIR and the same may be quashed. It has been submitted that re-investigation is being conducted by the DSP and report has not been submitted to the Court. In view of these circumstances, complainant shall appear before the Investigating Officer on 4th June, 2009, who shall record the statement of the complainant afresh. In case, complainant reiterates the compromise, then DSP may submit his report within 15 days. Thereafter, the trial Court shall verify the factum of compromise. In case petitioner reiterates the compromise, guided by the observations made by a Full Bench judgment of this Court rendered in ‘Kulwinder Singh and others 2 Criminal Misc. No. M-13381 of 2009 (O&M) v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052, the trial Court may grant due sanctity to the compromise. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 26, 2009 rps 3