Avtar Singh vs State of Punjab

Nawab Singh, J.—By this petition u/s 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short ''FIR) No. 395 dated November 4th, 2011 registered under Sections 323, 324 and 326 of Indian Penal Code (for short ''IPC'') in Police Station Civil Lines, District Amritsar. Grounds pleaded are that the parties have compromised the matter with the intervention of respectables and common relatives. Learned counsel for the petitioner has tendered Compromise-deed (Annexure P-4) and added that there is no ill-will left and they want to live in peace and harmony in future. It has further been urged that complainant and the accused are colleagues. Indeed, the offences, for which the petitioner is 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 the above, the petition is accepted, FIR No. 395 dated November 4th, 2011 registered under Sections 323, 324 and 326 IPC in Police Station Civil Lines, District Amritsar and subsequent proceedings arising there from, are hereby quashed.