IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-27163 of 2010 (O&M)
Date of Decision : 2.8.2011.
Navjeet Kumar & another
...... Petitioners
Versus
State of Punjab & others
...... Respondents
CORAM : HON’BLE MR. JUSTICE NAWAB SINGH
Present: Mr. AK Sama, Advocate,
for the petitioners.
Mr. J.S. Bhullar, AAG, Punjab.
Mr. KS Sidhu, Advocate,
for respondents No.2 No.3.
NAWAB SINGH J.(ORAL)
By this petition under Section 482 of Code of
Criminal Procedure, the petitioners seek quashing of First
Information Report No.18 dated February 21st, 2010, registered
under Sections 323, 325, 326 and 342 read with Section 34 IPC in
Police Station Khui Khera, District Ferozepur.
By order dated April 25th, 2011, Daya Chaudhary.
J. directed the parties to appear before the trial Court and the trial
Court was directed to record the statements of the parties. In
compliance with the same, Judicial Magistrate First Class, Fazilka
recorded the statements of the parties whereby they have tendered
Compromise-deed (Annexure P-2) and added that there is no ill-will
left and they want to live in peace and harmony in future. Indeed, the
offences, for which the petitioners are facing trial, are non-
compoundable. Notwithstanding that, there can not be any embargo
in allowing the parties to compromise the matter in view of the law
laid down by the Five Judge Bench’s decision of this Court rendered
in Kulwinder Singh & others Vs. State of Punjab and another,
2007 (3) RCR (Criminal) 1052.
Criminal Misc. No. M-27163 of 2010 (2)
In view of the above, the petition is accepted, FIR
No.18 dated February 21st, 2010, registered under Sections 323,
325, 326 and 342 read with Section 34 IPC in Police Station Khui
Khera, District Ferozepur and subsequent proceedings arising
therefrom, are hereby quashed.
(NAWAB SINGH)
JUDGE
2.8.2011.
SN