Criminal Misc. No. M-19872 of 2011 (O&M) v. State of Punjab & Anr.

HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vivek K. Thakur, Advocate, for the petitioners. Mr. J.S. Bhullar, AAG, Punjab. Mr. Sanjiv K. Virk, Advocate, for respondent No.2. NAWAB SINGH J.(ORAL) This petition under Section 482 of Code of Criminal Procedure has been filed seeking quashing of First Information Report (for short 'FIR) No.10 dated January 22nd, 2011 registered under Sections 427, 447 and 506 read with Section 34 of Indian Penal Code (for short 'IPC') at Police Station Kapurthala, District Kapurthala. It has been pleaded that the parties have compromised the matter vide compromise-deed (Annexure P-2). The parties have stated 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. In view of above, petition is accepted. Consequently, FIR No.10 dated January 22nd, 2011 registered under Sections 427, 447 and 506 read with Section 34 IPC in Police Station Kapurthala, District Kapurthala and subsequent proceedings arising therefrom, are hereby quashed.

13.9.2011. SN (NAWAB SINGH) JUDGE