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[Cites 14, Cited by 1]

Punjab-Haryana High Court

Rattan Lal Gogna And Others vs State Of Punjab And Others on 25 August, 2011

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH.

               Criminal Misc. No. M-21165 of 2011(O&M)
               Date of Decision: August 25, 2011

Rattan Lal Gogna and others                  ... Petitioners
                Versus
State of Punjab and others                   ... Respondents

CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH

Present:     Mr.Narinder S.Lucky, Advocate, for the petitioners.
             Mr.J.S.Bhullar, Assistant Advocate General,
             Punjab for respondent - State.
             Pankaj Sharma - complainant and Sandeep
             Sharma - injured respondents No.2 and 3 with their counsel
             Mr.Amit Dhawan, Advocate.
NAWAB SINGH J.(ORAL)

By this petition under Section 482 of Code of Criminal Procedure, the petitioners seek quashing of First Information Report (for short 'FIR) No.179 dated November 25th, 2010, registered under Sections 148, 323, 380, 427, 452 read with Section 149 of the Indian Penal Code (for short 'IPC') in Police Station Division No.1, Jalandhar.

Pankaj Sharma - complainant and Sandeep Sharma - injured, respondents No.2 and 3, respectively, are present in court in person. Both of them have stated at bar that they have compromised the matter with the petitioners with the intervention of the relatives and friends. The compromise-deed (Annexure P2) has also been placed on record. They also state that there is no ill-will left. In the circumstances, there cannot 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. Thus, this Court is also of opinion that no useful purpose would be served by allowing the criminal proceedings to continue against the petitioners.

In view of the above, the petition is accepted, FIR No.179 dated November 25th, 2010, registered under Sections 148, 323, 380, 427, 452 read with Section 149 of the Indian Penal Code (for short 'IPC') in Police Station Division No.1, Jalandhar and subsequent proceedings arising therefrom, are hereby quashed.

August 25, 2011                            ( NAWAB SINGH )
`gian'                                          JUDGE