CRM No. M-7700 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-7700 of 2009 (O&M) Date of decision: 30.4.2009 Raj Kumar and another ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Majithia, Advocate, for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. Mr. Jatinder Singh, Advocate, for respondent No.2. Rajan Gupta, J. Learned counsel for the petitioners submits that the parties have faced agony of trial pursuant to FIR registered under Section 406 IPC for a considerable period i.e. almost seven years. The parties have now compromised the matter and in view of the same, he seeks quashing of the FIR and all consequential proceedings arising therefrom. Learned counsel for respondent No.2 affirms the factum of compromise and placed on record affidavit of Varinder Singh Mehta respondent No.2 in this regard which is taken on record as Mark 'A'. Learned counsel for the State has, however, opposed the prayer for quashing on the ground that the same pleas may be raised before the appellate court in the first instance in view of the judgment delivered by this Court in case reported as Joginder Ram and others Vs. State of Punjab and another, 2009 (1) R.C.R. (Criminal) 495. CRM No. M-7700 of 2009 2 Learned counsel for the petitioner prays that he be allowed to withdraw the present petition with liberty to raise his pleas before the first appellate court. In view of the statement made by learned counsel for the petitioners, this petition is dismissed as withdrawn with the liberty as aforesaid. (RAJAN GUPTA) JUDGE April 30, 2009 'rajpal'