Crl. Misc. No. M-4207 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4207 of 2011 Date of decision:- 07.04.2011 Sat Parkash ...Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sandeep Jain, Advocate for the petitioner. Mr. Kshitij Sharma, A.A.G Haryana Mr. P.K.S Phulka, Advocate, for Mr. A.S. Virk, Advocate for respondent No. 2 RITU BAHRI J.(Oral) This petition under Section 482 Cr.P.C. is for quashing of FIR No.126 dated 24.10.2010 under Sections 3 (10) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506 IPC registered at Police Station Islamabad, District Kurukshetra and all subsequent proceedings out of the FIR qua the petitioner, on the basis of compromise dated 27.01.2011(Annexure P2/2). Brief facts of the case are that, as per the F.I.R, on 22.10.2010, the complainant had come in the marriage of son of Devinder Garg at Surbhi Palace, Ismailabad. After taking meals, he was going back to his home then petitioner met him at the inner gate of Surbhi Palace Ismailabad, who was dead drunk. Petitioner started abusing him and said that he have Crl. Misc. No. M-4207 of 2011 -2- got him transferred and will not leave him. Petitioner caught hold of the complainant and slapped him. However, with intervention of some persons, I got rescued. But petitioner against started abusing him and started saying “Sala Khatik ab tak to bakre kaat ta raha, sala kamin khatikara tere ko jaan se mar doonga. Apne aap ko kya samj ta hai, kamin” In the above background, F.I.R was registered against the petitioner. During the pendency of investigation, the compromise has been effected between the parties. Both parties have arrived at compromise with the intervention of the respectables, in order to maintain further peace and harmony. As per the compromise, complainant does not want to proceed further in the above said F.I.R and has no objection if the F.I.R is quashed. Respondent No. 2 appeared through counsel and filed his reply by way of short affidavit, which is taken on record, admitting the factum of compromise and stating that due to intervention of respectable, the matter has been compromised with the petitioner and now they are having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioner. Respondent No.2-complainant is present in the Court and have identified by his counsel. The compromise is voluntarily and without any pressure. As per compromise (Annexure P-2), both the parties have settled the dispute amicably as per the conditions recorded in the compromise. Counsel for the respondent does not dispute the genuineness of the compromise/affidavit annexed with the petition. This Court in the case of Parambir Singh Gill v. Malkiat Kaur RCR (Crl) 2010(1) 256 has observed : Crl. Misc. No. M-4207 of 2011 -3- “Criminal Procedure Code, Section 320- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3 and 4-Non-compoundable offence-Of the seven accused, complainant entering into compromise with one accused-Proceedings qua one accused only quashed by High Court in exercise of inherent powers under Section 482 Cr.P.C” Consequently, in view of the law laid down by this Court in the case of Parambir Singh Gill v. Malkiat Kaur (supra), FIR No.126 dated 24.10.2010 under Sections 3 (10) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506 IPC registered at Police Station Islamabad, District Kurukshetra is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. April 07, 2011 ( RITU BAHRI ) G.Arora JUDGE