Criminal Misc. No.M-585 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-585 of 2009 Date of decision: 8.12.2009. Harmel Singh and another ....Petitioners Versus State of Punjab and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. A.S.Kalra, Advocate for the petitioner Mr. Arshwinder Singh, Deputy Advocate General,Punjab S. D. ANAND, J. Respondents No.2 to 10 are being prosecuted in case FIR No.235 dated 26.10.2003 for the offences under Sections 323/324/294/148 read with Section 149 IPC, by the police of Police Station, Sadar Jagraon, District Ludhiana. The presentation made to this Court for quashment on a plea of compounding, was allowed by this Court, on 18.12.2008. The two petitioners herein have applied for recall of that order by raising an averment that they are also the injured in the impugned occurrence and they were neither impleaded as a party to the quashment plea nor had there been any compounding as between them and the accused therein. A precise averment to the above effect was made by the petitioner herein in the course of the petition. In spite of the grant of number of opportunities to respondents No.2 to 10 to file a fact-based reply, none came to be filed. It is apparent therefrom that respondents no.2 to 1`0 are not inclined to challenge the factual averment made by the petitioners herein. The petition shall stand allowed to the extent it relates to the Criminal Misc. No.M-585 of 2009 -2- **** petitioners herein. The foundational premise of the grant of recall order is that the petitioners being injured were necessary party to the impugned compounding and the impugned prosecution could not be quashed qua them in the absence of an express inclination on their part to compound the offence. Disposed of accordingly. December 08, 2009 (S. D. ANAND) Pka JUDGE