2010(1) LAW HERALD (P&H) 17


IN THE HIGH COURT OF PUNJAB AND HARYANA

Before

The Hon’ble Mr. Justice S. D. Anand

Criminal Misc. No.M-585 of 2009

Harmel Singh and Anr.

v.

State of Punjab & Ors.

{Decided on 08/12/2009}

For the Petitioner: Mr. A.S.Kalra, Advocate.

For the Respondent: Mr. Arshwinder Singh, Deputy Advocate General, Punjab.

IMPORTANT POINT

Quashing--Petitioners being injured were necessary party to impugned compounding--Impugned prosecution could not be quashed qua them in absence of an express inclination on their party to compound the offence.

Criminal Procedure Code, 1973, S.482--Indian Penal Code, 1860, S.323, 324, 294 148 r/w S.149--Quashment on plea of compounding--Recalling of the order--Averment that petitioners were injured in impugned occurrence but were neither impleaded as party to Quashment plea nor there was any compounding between them and accused--Petition for grant of recall order allowed qua petitioners--Held that petitioners being injured were necessary party to impugned compounding--Impugned prosecution could not be quashed qua them in absence of an express inclination on their party to compound the offence. (P.3)



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