IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.2009-M of 2009
Date of decision : 03-02-2009
Amarjit Singh @ Ambi and another
....Petitioners
VERSUS
State of Punjab & Another
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Ms. Amitoj Singh Dhaliwal, Advocate,
for the petitioners.
Mr. Mehardeep Singh, AAG, Punjab.
Mr. Kewal Singh, Advocate,
for respondent No.2.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
Present petition has been filed u/s 482 Cr.P.C. seeking
quashing of FIR No.94 dated 28-04-2008 registered at Police Station,
Banga, District Nawan Shahar, under Sections 379/336/427/323/34 IPC.
The FIR in the present case was lodged at the instance of
Kulwant Singh, s/o Sh. Partap Singh. Kulwant Singh stated that he was
coming in his car. The accused stopped his car and gave him injuries and
had stolen his purse and amount lying in the car.
Counsel for the petitioners has stated that in fact the
occurrence has taken place without any pre-mediation as a sudden affair. It
has been stated in the petition as under:-
“That the petitioners and the complainant had a
minor brawl because of misunderstanding, while driving their
respective vehicles on the road leading towards village Heon
from Banga City. The brawl could simply be referred as
malady of road rage, unfortunately this malady is occupying
the minds of the people due to heavy stress of day to day life
activities of present times.”
Crl. Misc. No.2009-M of 2009
-2-
Complainant is present in the Court. He has stated somehow
the occurrence took place in the heat of passion, otherwise the accused
are not engaged in such types of activities. Complainant present in the
Court has been identified by Mr. Kewal Singh, Advocate. Complainant has
further stated before me that petitioners accused are not criminals.
Therefore due to the intervention of the respectables and the villagers,
compromise has been arrived at. He does not wish to pursue the present
FIR. It has been held by a Full Bench of this Court in Kulwinder Singh
and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
that where a compromise has been effected between the parties,
continuation of proceedings will serve no useful purpose.
Accordingly, the present petition is accepted. The impugned
FIR along with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA)
3-2-2009 JUDGE
manju