OPENDER PAL Vs. STATE OF HARYANA
LAWS(P&H)-2014-7-391
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 24,2014

Opender Pal Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) THE matrix of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of complainant Santosh wife of Birender Singh -respondent No. 2 (for brevity "the complainant"), a criminal case was registered against the petitioners -accused Opender Pal son of Subhash and others, for having caused the injuries to complainant, Naveen Kumar and Ashwani Kumar sons of Birender Kumar (respondent Nos. 2 to 4), vide FIR No. 243 dated 11.05.2014 (Annexure P -1), on accusation of having committed the offences punishable under Sections 148, 149, 323, 452, 506 and 354 -B IPC, by the police of Police Station Mohindergarh.
(2.) DURING the course of investigation, good sense prevailed and the parties have amicably settled their disputes, by means of compromise dated 24.05.2014 (Annexure P -2) and affidavits of complainant and injured PWs dated 23.05.2014 (Annexures P -3 to P -5). Having compromised the matter, now the petitioners -accused have preferred the present petition, to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C., inter -alia, pleading that both the parties belong to the same family. They have amicably settled their disputes, by virtue of compromise (Annexure P -2). The complainant and injured PWs have also filed their respective affidavits (Annexures P -3 to P -5), in this regard. They have redressed their grievances. The complainant and injured PWs have no objection, if the criminal case registered against the petitioners -accused, by way of impugned FIR (Annexure P -1) is quashed. The settlement is stated to be in the interest and welfare of the parties. On the strength of aforesaid grounds, the petitioners -accused sought to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.
(3.) DURING the course of preliminary hearing, the Magistrate, having the jurisdiction, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure P -2), by means of order dated 29.05.2014, by this Court.;


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