7.2011. Varinder Singh @ Burinder Singh @ Babu & Anr. v. State of Punjab & Ors.

Present: Mr. Vijay Lath, Advocate for the petitioner. ..... SABINA, J. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of the FIR No. 36 dated 13.2.2010 (Annexure P-1) under Sections 307, 34 of the Indian Penal Code and Section 25 of the Arms Act, 1959 registered at Police Station City Rajpura, Tehsil Rajpura, District Patiala, Punjab on the basis of compromise dated

24.4.2011 (Annexure P-2). Learned counsel for the petitioners has submitted that the parties have arrived at a compromise and have decided to live in peace and the FIR in question be quashed. In the present case, FIR in question was registered on the basis of the statement, made by Daler Singh-complainant. The occurrence took place during a marriage ceremony. Varinder Singh-petitioner No.1 fired at Surinder Singh from his CRM No. M-16767 of 2011 (O&M) -2- pistol which hit him on his right shoulder. When the complainant came forward to save Surinder Singh, then Gagandeep Singh-petitioner No.2 exhorted the other accused to kill the complainant also. Petitioner No.1 then again fired three shots, out of which one hit upper right arm of the complainant and other hit right thigh of the complainant. One shot crossed over the head of the complainant. Thus, the allegations levelled against the petitioners are serious in nature. The petitioner No.1 had fired four shots which have resulted in injuries on the person of the complainant as well as the other injured Surinder Singh. Although, the parties have arrived at a compromise but keeping in view the facts and circumstances of the present case, no ground for quashing the FIR is made out. Admittedly, challan has already been presented in this case and the case is now fixed for prosecution evidence before the trial court. Dismissed. July 18, 2011 Gurpreet (SABINA) JUDGE