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2004 DIGILAW 724 (PNJ)

Ashok Kumar v. State of Punjab

2004-07-19

JASBIR SINGH

body2004
JUDGMENT Jasbir Singh, J. (Oral) - Petitioners have moved this application under Section 482 Criminal Procedure Code with a prayer to quash FIR No. 58 dated 30.6.1999 registered under Sections 323/324/148/149 Indian Penal Code, Police Station, Division B, Amritsar and all subsequent proceedings arising therefrom. 2. Counsel for the petitioners states that misunderstanding has since been removed between the parties and matter has been settled through a compromise (Annexure P-1). To support his contention, he has also placed reliance upon affidavit executed by Om Parkash respondent No. 2 and Pawan Kumar respondent No. 3. 3. Mr. Tajinder Joshi has put in appearance on behalf of respondents No. 2 to 4 and has accepted the authenticity of photocopies of documents Annexures P-1 to P-3. He states that his clients are no more interested in pursuing this litigation. 4. To support his contention, counsel for the petitioners has relied upon two judgments of this Court, one in Jasbir Singh v. State of Punjab and another (Criminal Misc. No. 34839-M of 2003), decided on January 27, 2003 and another in Harbans Lal and others v. State of Punjab and another (Criminal Misc. No. 47793-M of 2003), decided on January 30, 2004. He has also placed reliance upon the observations made by their Lordships of the Supreme Court in State of Karnataka v. L. Muniswamy, AIR 1977 Supreme Court 1489, B.S. Joshi and others v. State of Haryana and another, JT 2003(3) SC 265. 5. Mr. S.C. Bhardwaj, Assistant Advocate General, Punjab has failed to show as to why the FIR in question be not quashed. He has also failed to show as to why the case is not covered by ratio of the judgments, referred to above. 6. This Court feels that offences alleged are not very serious. With the intervention of respectables, disputes have been settled. An attempt has been made by the parties to live in peace, this gesture requires to be appreciated. A settlement, which emerges from the heart of the parties, will be more lasting than the one, which will be enforced by invoking the penal provisions of law. 7. Accordingly, present application is allowed. FIR No. 58 dated 30.6.1999, registered under Sections 323/324/148/149 Indian Penal Code, at Police Station, Division B, Amritsar and all subsequent proceedings taken thereon are quashed. Application allowed.