LAWS(P&H)-2010-9-4

JASWANT SINGH ALIAS JASSA Vs. STATE OF PUNJAB

Decided On September 16, 2010
JASWANT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRAYER is under Section 482 Cr.PC for quashing of case bearing FIR No.31 dated 14.3.2006 under Sections 307, 341, 324, 323 and 34 of the Indian Penal Code registered with Police Station Mehta, District Amritsar as well as all the subsequent proceedings on the basis of Annexure P-3 by which the petitioner has been found innocent. It is stated that the co-accused of the petitioners have been acquitted on account of the complainant not supporting the prosecution case as a amicable settlement between the complainant and the rest of the co-accused had been arrived at during the proceedings before the trial court. The prayer made herein for quashing of the FIR as it is submitted that in view of the fresh compromise arrived at between the petitioner and the complainant no useful purpose would be served to continue the proceedings against the petitioner. Learned State counsel submits that the petitioner was declared as proclaimed offender on 22.8.2006 and that order till now has not been set aside. However, an application had been moved by the prosecution for declaring him innocent and thus quashing of the order declaring him the proclaimed offender. Learned State counsel as well as counsel for the complainant has not been able to show under what provision such an application by the prosecution is maintainable before the same court. In view of the fact that the petitioner continues to be a proclaimed offender this court is not inclined to grant any indulgence. Dismissed.