Punjab-Haryana High Court
Navjeet Kumar & Another vs State Of Punjab & Others on 2 August, 2011
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