Kishan Kumar alias Krishan Kumar and Others vs State of Punjab and Another

Nawab Singh, J.—By filing this petition, u/s 482 of Code of Criminal Procedure, the petitioners seek quashing of First Information Report (for short ''FIR) No. 60 dated September 20th, 2010 registered under Sections 148, 323, 341 and 506 read with Section 149 of Indian Penal Code (for short ''IPC'') in Police Station Ajitwal, District Moga. By order dated February 21st, 2012 Naresh Kumar Sanghi. J directed the parties to appear before the trial Court and the trial Court was directed to record their statements. In compliance with the same, Chief Judicial Magistrate, Moga has sent a report stating that the parties have compromised the matter with the intervention of respectables and common relatives. 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. The complainant has further stated that he is a student and the petitioners are also students. 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. 60 dated September 20th, 2010 registered under Sections 148, 323, 341 and 506 read with Section 149 IPC in Police Station Ajitwal, District Moga and subsequent proceedings arising therefrom, are hereby quashed.