IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
Crl. Misc. No. M- 33338 of 2008
Date of Decision:- 6.3.2009
Abhishek Puri & Ors. Versus U.T. Chandigarh & Ors.
Crl. Misc. No. M- 33336 of 2008
Date of Decision:- 6.3.2009
Gurpartap Singh Mann & Ors. Versus U.T. Chandigarh & Ors.
Present:- Ashwani Verma, Advocate, for the petitioner in
(Crl. Misc. No. M- 33338 of 2008)
Mr.Sanjiv Sheroran, Advocate, for the petitioner in
(Crl. Misc. No. M- 33336 of 2008)
Mr. P.K.Khindria, Advocate, for U.T., Chandigarh.
Mr. Sanjiv Sheoran, Advocate, for respondents No. 2 to 6.
(Crl. Misc. No. M- 33336 of 2008)
Mr. Ashwani Verma, Advocate, for respondent No. 6.
M.M.S.BEDI. (J) (Oral)
This order will dispose of two petitions, one is Crl. Misc. No.
33338- M of 2008 for quashing of FIR No. 248, dated 2.8.2007, under
Sections 147, 149, 323, 506 IPC, registered at Police Station Sector -11,
Chandigarh and another is Crl. Misc. No. 33336-M of 2008 for quashing of
FIR No. 249, dated 2.8.2007, under Sections 147, 149, 323 and 506 IPC,
registered at Police Station Sector -11, Chandigarh, on the basis of
compromise. Former FIR was registerd at the instance of respondent No. 2
Nitin Rathee, alleging that petitioners had assaulted him and other-
respondents. Later FIR was registered against Gurpartap Singh Mann and
others on the complaint of Tejpal Cheema alleging that he along with other
respondents were attacked by the petitioners on 2.8.2007.
Petitioners, complainants and all the injured are present in Court.
They have stated that the matter has been compromsied vide compromise
Crl. Misc. No. M- 33338 of 2008 -2-
Annexure P-2 dated 3.8.2007.
A perusal of the FIR in both the cases indicate that the parties
were students at the time of the incident and the dispute had arisen during
the election days of Students Council in Panjab University. Parties are
present in Court and also have given oral undertaking not to repeat the
similar incident in the Panjab University campus.
In view of the judgment of Kulwinder Singh & Ors VS. State
of Punjab, 2007(3)RCR (Crl) 1052, the FIR can be quashed on the basis of
compromise.
Taking into consideration, the above circumstances, I do not find
any reason not to quash the above FIR especially when both the parties were
students at the time of the occurrence and that both the parties by appearing
in Court have undertaken not to commit the similar offence of which they
are accused of in the criminal cases mentioned above.
Accordingly, the petitions are allowed. FIR No. 248, dated
2.8.2007, FIR No. 249, dated 2.8.2009 and all the criminal proceedings
emanating therefrom are hereby quashed on the basis of compromise.
March 6, 2009 (M.M.S.Bedi) tripti Judge