NIRMAL PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Nirmal Pal and five others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 28 dated 26.3.2012 under sections 326, 323, 324, 341, 148, 149 IPC, Police Station Kalanaur, District Gurdaspur (Annexure P/1) in view of compromise (Annexure P/2) effected with complainant party- respondent Nos. 2 and 3 for which respondent no. 2-complainant has also furnished affidavit (Annexure P/3). Pursuant to order dated 23.4.2012, report has also been received from the trial court along with copies of statements of the parties to the effect that they have voluntarily effected compromise.

(2.) COUNSEL for respondents no. 2 and 3 also states that the parties have effected compromise Annexure P/2 for which respondent no. 2 has also furnished affidavit Annexure P/3 and therefore, respondents no. 2 and 3 have no objection if the impugned FIR is quashed. I have heard learned counsel for the parties and perused the case file.

(3.) IN the instant case, respondent no. 2-complainant lodged FIR. Both respondents 2 and 3 who are brothers suffered injuries in the alleged occurrence. However, they have effected compromise with the petitioners. Learned State counsel, on instructions from ASI Jagir Singh, states that injury falling within the net of section 326 IPC was on right little finger of complainant-respondent no. 2. Thus, the said injury was not on vital part. Both the parties are residents of same village. Accordingly, it is a fit case in which FIR should be quashed so that the parties may live in peace and harmony. Resultantly, the instant petition is allowed and the impugned FIR Annexure P/1 is quashed along with all consequential proceedings arising therefrom.