- (1.) Rahul, Sukhdev Singh, Vikram, Ravinder alias Rocky and Gulshan, the petitioners have brought this petition under the provisions of section 482 Cr. P. C. , for quashing of FIR No. 28 dated 21.2.2011, registered at Police Station City, Gurdaspur, District Gurdaspur (Annexure P1) for an offence punishable under sections 324 read with section 149 of Indian Penal Code along with all the subsequent proceedings arising out of the same, on the basis of compromise (Annexure P2) arrived at between the parties.
(2.) Learned counsel for the petitioners has submitted that initially the FIR was registered under sections 148, 324, 326 read with section 149 IPC but during investigation, sections 148 and 326 IPC were deleted. According to him, the matter has been compromised with respondent no. 2. He has submitted that the petitioners had earlier approached this court by way of Criminal Misc. No. M-10448 of 2011 for quashing of aforesaid FIR on the basis of compromise. According to him, the said petition was disposed of vide orders dated 3.11.2011 (Annexure P3) as the prosecution had submitted cancellation report before the trial court. Learned counsel for the petitioners has drawn attention of this court to the statement of respondent No. 2 dated 19.112011 (Annexure P4) recorded by Chief Judicial Magistrate, Gurdaspur, in which he had asserted that as the parties have compromised the matter, the cancellation report be accepted. He has further submitted that the petitioners have now filed this petition for quashing of the present FIR in view of the order dated 29.11.2011 (Annexure P5) passed by learned trial court vide which the cancellation report has not been accepted and the SHO concerned has been directed to reinvestigate the matter.
(3.) On notice of the petition, respondent No. 2 alongwith Mr. Randeep Singh, Advocate has appeared before me. He has admitted that the matter has been compromised between the parties.;