LAWS(P&H)-2009-8-87

VARINDER KUMAR ALIAS VICKY Vs. STATE OF PUNJAB

Decided On August 06, 2009
Varinder Kumar Alias Vicky Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRAYER in the present petition is for quashing of cross version recorded on the statement of Gurnam Singh, respondent no. 2, in FIR No. 328 dated 3.11.2006, registered at Police Station Sadar Hoshiarpur under Sections 323, 324, 325, 326, 34 IPC and all subsequent proceedings arising there from.

(2.) LEARNED counsel for the petitioners submits that the dispute between the parties has been compromised with the intervention of the well-wishers and keeping in view that peace and harmony is maintained in the village. The compromise deed has been placed on record as Annexure P-2. The private respondents have also filed reply in this regard. He further submitted that once all the disputes between the parties have been settled as per compromise, the cross version and the FIR in question deserve to be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh versus State of Punjab 2007 (3) Law Herald (P&H) 2225.

(3.) DEALING with issue of quashing of FIR on the basis of compromise, a Bench consisting of five Hon'ble Judges of this Court in Kulwinder Singh's case (supra) while approving minority view in Dharambir v. State of Haryana, 2005 (2) Law Herald (P&H) (FB) 424, opined as under:-