NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by the petitioner, praying for quashing of F.I.R. No. 71, dated 11.06.2002, under Sections 452, 427, 353, 186, 504, 506 I.P.C., registered at Police Station Bassi Pathana, District Fatehgarh Sahib, and all consequential proceedings arising therefrom.

(2.) COUNSEL for the petitioner contends that in the light of judgment passed by this Court in the case of Ram Kumar v. State of Haryana, 1998 (1) C.L.R. 633, the offence under Sections 186 and 353 I.P.C. could not have taken cognizance upon a written complaint of public servant concerned or official superior in the light of provisions under Section 195(1) Cr.P.C. In this view of the matter, he submits that the F.I.R. in question deserves to be quashed. He further submits that in any case there has been a compromise, which has been entered into between the parties and in view of the said compromise, the F.I.R. may be quashed.

(3.) THE complainant-respondent No. 2 Jarnail Singh son of Shri Darshan Singh, resident of Village Mathi, Tehsil and District Fatehgarh Sahib, is present in the Court (as identified by his counsel) and states that he does not want to pursue the matter any further. In view of the above submissions made by counsel for the petitioner, it would be in the interest of justice that the F.I.R. in question be quashed.