IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13036 of 2009 (O&M) Date of decision: 26th May, 2009 Avtar Singh @ Bagga and another … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Suveer Sheokand, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Mr. Karan Nehra, Advocate for respondents No.2 and 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 232 dated 16.10.2008 (Annexure P-1) registered at Police Station Salem Tabri, District Ludhiana under Sections 307, 326, 324, 323, 148, 149 IPC on the basis of compromise (Annexure P-2 and P-3) arrived at between the parties. Impugned FIR, in the present case, was lodged at the instance of respondent No.2 Raj Kumar. He stated in the FIR that he has got two sons. Elder one is named Vipan Kumar. Vipan Kumar used to daily go for a walk at Punjabi Bhag Park. On 10th October, 2008, complainant had also gone to the Park. When his son was coming back from the Park, then two boys, who were having Kirpans in their hands and three boys, who were having soties in their hands, came and encircled his son Vipan Criminal Misc. No. M-13036 of 2009 (O&M) Kumar. Avtar Singh @ Bagga gave a blow from the Kirpan, which hit Vipan Kumar on his left flank and left arm. Sonu also gave a Kirpan blow on the head of his son. Other three persons, who were armed with soties, have not caused any injury. Counsel for the State, on instructions from, Ajaib Singh SI, has stated that in the present case, report under Section 173 Cr.P.C. (challan) has been submitted and three un-named persons have not been found as accused. Challan has been presented only against Avtar Singh @ Bagga and Jagdeep Singh @ Sonu. Since quashing of the FIR has been sought on the basis of compromise, notice of motion was issued. Today, reply has been filed by Mr. Karan Nehra, Advocate by way of affidavit of Raj Kumar respondent No.2 and injured Vipan Kumar respondent No.3. In the reply filed, factum of compromise has been admitted and it has been stated that complainant and the injured are father and son, and they do not want to pursue the above said FIR and have no objection in case the impugned FIR is quashed. Raj Kumar respondent No.2 and injured Vipan Kumar respondent No.3 are present in Court today. They have been identified by Ajabi Singh SI, who has come to assist counsel for the State. They have also been identified by their counsel, Mr. Karan Nehra. Mr. Karan Nehra, on instructions from Raj Kumar respondent No.2 and injured Vipan Kumar respondent No.3, has stated that due to the intervention of respectables, compromise has been effected between the parties and they do not want to pursue the impugned FIR, as parties have agreed to promote ever-lasting peace, amity, harmony and cordial relations. 2 Criminal Misc. No. M-13036 of 2009 (O&M) It has been held by a Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation. Taking into consideration the ratio of law laid down in Kulwinder Singh’s case (supra), present petition is accepted, and the FIR No. 232 dated 16.10.2008 (Annexure P-1) registered at Police Station Salem Tabri, District Ludhiana under Sections 307, 326, 324, 323, 148, 149 IPC, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 26, 2009 rps 3