SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS shall dispose of Criminal Misc. No. 16703 M of 1995 and Criminal Misc. Application No.16704 of 1995 as both are fixed for today.

(2.) CRIMINAL Misc. No.16703 -M of 1995 has been filed for quashing of F.I.R. No.73, dated 13.3.1995, P.S. Sector 5, Panchkula and other subsequent proceedings under Sections 148,149,323,379,452,506 I.P.C. pending in the Court of Chief Judicial Magistrate, Ambala. Quashing has been sought on the ground that subsequent to registration of F.I.R. there had been a compromise between the parties and that compromise dated 14.7.1995 has been reduced into writing. A photostat copy of the compromise has been annexed to the petition. An affidavit of the informant has also been placed on record, saying that he undertakes not to pursue the proceedings of the case in F.I.R. No.73, dated 13.3.1995.

(3.) NOTICE of the petition was ordered to be issued to the respondent -complainant also, but despite service he has not come forward to state that whether he has entered into compromise with the petitioners. In proceedings under Section 482 Cr.P.C. It is very difficult for this Court to opine finally whether there was a compromise between the parties. If the parties have entered into compromise, it shall be open for the petitioners to bring this fact to the notice of Investigating Officer or the Court where proceedings are pending. In case the Court is satisfied that the parties have entered into compromise, it can always pass appropriate orders in this regard.