Shri Bhagwan And Others vs Rajesh Kumar And Another on 25 February, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                        Criminal Misc.No.M-13319 of 2008 (O&M)
                        Date of Decision      25.02.2009

Shri Bhagwan and others
                                                 ......Petitioners

                        VERSUS

Rajesh Kumar and another
                                                 ......Respondents

CORAM:- HON'BLE MR. JUSTICE PRITAM PAL

Present:    Mr.Ramender Chauhan, Advocate,
            for the petitioners.

            Mr.Jagjeet Beniwal, Advocate,
            for the respondents.

                        *****

PRITAM PAL, J(ORAL):

Petitioners have brought this petition under Section 482 of the

Code of Criminal Procedure for quashing of Criminal Complaint dated

30.01.2003 under Sections 323, 324, 427, 452, 506, 148, 149 of Indian

Penal Code and 25/54/59 of Arms Act, Virender Kumar versus Shri

Bhagwan and others, and all subsequent proceedings arising therefrom.

The aforesaid case was initiated on the basis of a private

complaint filed by Virender son of Sh.Ram Sarup respondent No.2-

complainant, who is present in the Court and identified by his counsel

Sh.Jagjeet Beniwal, Advocate. Ultimately, in this case, petitioners were

summoned for commission of offences punishable under Sections 323, 324,

427, 452, 506, 148, 149 of Indian Penal Code and not under Section 25 of

the Arms Act. At the asking of the Court, respondent No.2-complainant

states that with the intervention of the respectable and common relations,

they have arrived at compromise. In this regard, compromise deed
Criminal Misc.No.M-13319 of 2008 (O&M) -2-

(Annexure P3) dated 26.04.2008 is also placed on the file. Proceedings in

this complaint case are still at initial stage as the evidence of the

complainant is yet to be concluded.

In the given facts and circumstances, this Court feels that no

useful purpose would be served if the proceedings in the case in hand are

allowed to continue. Moreover, it would also be in the interest of peace and

harmony between the parties to close the chapter of this case.

In the result, this petition succeeds and consequently Criminal

Complaint dated 30.01.2003 under Sections 323, 324, 427, 452, 506, 148,

149 of Indian Penal Code and 25/54/59 of Arms Act, Virender Kumar

versus Shri Bhagwan and others, and all subsequent proceedings arising

therefrom are hereby ordered to be quashed, qua the petitioners.

February 25, 2009                                 (PRITAM PAL)
mamta-II                                             JUDGE