SANTOSH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr. P.C. for quashing of FIR No. 247 dated 12.08.2008 (Annexure -P1) registered at Police Station Basti Jodhewal, District Ludhiana, under Sections 324, 323, 325, 326, 34 IPC and all subsequent proceedings arising therefrom in view of the compromise (Annexure P -2).

(2.) THE FIR has been registered on the statement of complainant -Durgesh Singh on the allegations that accused Santosh Kumar was his old friend. About 2 months back, complainant borrowed a sum of Rs. 2,000/ - from accused Santosh Kumar for personal necessity, which he did not return due to some financial problem. On 10.08.2008, accused Santosh Kumar, Rajesh Kumar, Dharminder alongwith some other persons armed with deadly weapons came to complainant and caused injuries to him. When, the complainant raised alarm 'save -save', his brother -in -law Sammar Bahadur and landlord Ranjit Mishra came there, but the accused persons caught hold Ranjit Mishra and also caused injuries to him. Since the parties are residents of same area, as such with the intervention of the respectable persons of the locality, the matter has been amicably settled between the parties. Compromise deed (Annexure -P -2) in this regard has been entered into between the parties.

(3.) LEARNED Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.