Rashad Khan vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No. 47 dated 9.3.2006, registered at Police Station Dhuri, District Sangrur, under Sections 279, 337, 338 & 427 IPC.

The quashing of FIR is sought on basis of affidavits (Annexures P2 and P3).

FIR in the present case was lodged on the statement of Harpal Singh, respondent No. 2. He stated that on the day of occurrence, he was sitting on the pillion of scooter driven by Harnek Singh, respondent No. 3. Then from the opposite side one Accent Car bearing No. PB-59-A-1100 came and the car was being driven rashly and negligently at a high speed, due to which accident had taken place. Complainant Harpal Singh and Harnek Singh had suffered injuries.

Notice of motion was issued.

Mr. Jagdish Chand Malik, Advocate, has caused appearance for respondent No. 2 Harpal Singh and respondent No. 3 Harnek Singh. Mr. Malik has filed reply by way of affidavit of respondent No. 2 Harpal Singh, wherein factum of compromise has been admitted. They are also present in the Court and identified by Gurmail Singh, Head Constable, who has come to assist counsel for the State. It has been submitted that an accident had taken place and there was no intention on the part of petitioner to cause injuries to respondents No. 2 and 3, who are present in the Court.

Respondent No. 2 Harpal Singh and respondent No. 3 Harnek Singh have stated that present FIR be quashed as parties have agreed to promote everlasting peace, amity and harmony.

It has been held by Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007(3) RCR 1052 that compromise not only promotes peace in the society but also saves parties from litigation.

In view of the law laid down in Kulwinder Singh�s case (supra) and keeping in view the compromise arrived at between the parties, present petition is accepted and impugned FIR along with all consequential proceedings is quashed.