- (1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.96 dated 1.5.2010, under Sections 323, 324, 326, 307, 148, 149 of the Indian Penal Code and Sections 25,54,59 of the Arms Act registered at Police Station Sadar Sirsa on the basis of compromise which, as per the counsel, has been arrived at between the accused party and the complainant party.
(2.) IT would be pertinent to notice, at the very outset, that the petitioners had earlier approached this Court by way of Crl.Misc.No.M -2938 of 2014 raising identical prayer, but the same had been permitted to be dismissed as withdrawn on 27.1.2014 on the basis of prayer having been made by the counsel. The order passed by this Court on 27.1.2014 in Crl.Misc.No.M -2938 of 2014 was to the following effect: "This is a petition filed under Section 482 Cr.P.C. seeking quashing of FIR No.96 dated 01.05.2010 under Sections 323/324/326/307/148/149 IPC read with Sections 25/54/59 of the Arms Act registered at Police Station Sadar Sirsa. Having argued the matter at some length, counsel prays for withdrawal of the present petition with liberty to raise all pleas at the appropriate stage and before the appropriate forum. Prayer is allowed. Dismissed as withdrawn with liberty as prayed for."
(3.) LEARNED counsel for the petitioner would make an oral prayer during the course of hearing today that the order dated 27.1.2014 as regards withdrawal of the petition was without touching upon the merits of the case and, accordingly, prays for recalling of such order dated 27.1.2014 and for consideration of the prayer made in the instant petition on merits. Since the earlier petition has been dismissed as withdrawn without even adverting to the facts and without touching the merits of the case, this Court does not find any impediment in recalling the order dated 27.1.2014 and proceeding in deciding the present petition on merits. Ordered accordingly.;