Crl. Misc. No.M-11345 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-11345 of 2011 Date of decision: May 30, 2011. Joga Singh & Ors. ... Petitioner(s) v. State of Punjab & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri HPS Ghuman, Advocate, for the petitioner(s). Shri B.S. Sra, Additional Advocate General, Punjab for respondent No.1. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.241 dated 12.9.2008, registered at Polie Station Samana, District Patiala, under Sections 341, 323, 324, 148, 149, 506, 427 IPC. Counsel for the State has submitted that during investigation, offences under Section 325 and 326 IPC were also added. Quashing of the above stated FIR has been sought on the basis of a compromise, Annexure P-2, arrived at between the parties. This Court on April 19, 2011 had passed the following order:- “In the present petition, a prayer has been made that FIR No.241 dated 12.9.2008, registered at Polie Station Samana, District Patiala, under Sections 341, 323, 324, 148, 149, 506, 427 IPC be quashed on the basis of compromise Annexure P-2. Reliance has been placed on the judgment rendered by the Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052. Crl. Misc. No.M-11345 of 2011 -: 2 :- Issue notice of motion. The parties are directed to appear before the trial Court, which shall verify the factum of compromise after examining the accused and the complainant/injured and thereafter submit a report to this Court. Counsel for the petitioners undertakes that the accused and the complainant/injured shall appear before the trial Court on 28.4.2011. To wait the report of the trial Court, list on 10.5.2011.” In compliance with the order passed by this Court, Sub Divisional Judicial Magistrate, Samana has submitted that the statements of the parties were recorded and the following order was passed:- “State vs. Joga Singh Present: Complainant with Balraj Singh in person. Accused Joga Singh, Nirmal Singh & Palwinder Singh in person. Complainant and above said accused persons have come present and they have made statement that compromise has been effected between the parties. Statement of Joginder Singh Lambardar has also been recorded, who has stated that parties have made statement in his presence. It has been stated that accused Gulab Singh and Amarjit Singh could not come present as they have gone to Madhya Pradesh for harvest wheat crops. I am satisfied that compromise has been effected without any pressure or threat. The report be sent to Hon'ble High Court as directed. Sandeep Kumar Singla Announced: Sub Divisional Judicial Magistrate 4.5.2011 Samana.” Shri Sra, on instructions from HC Bhagwant Singh, who has come to assist him, has submitted that the investigating agency has also verified the factum of compromise and has decided to submit an untrace report within a period of one month from today. In view of the statement made by Counsel for the State, present Crl. Misc. No.M-11345 of 2011 -: 3 :- petition is disposed of by directing the Sub Divisional Judicial Magistrate, Samana that on receipt of untrace report, he shall be decide the same in accordance with the provisions of law. [Kanwaljit Singh Ahluwalia] May 30, 2011. Judge kadyan