DALBIR SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer is under Section 482 Code of Criminal Procedure for quashing of FIR No. 41 dated 24.3.2009 under Sections 323, 324, 342, 506, 148, 149 of IPC registered with Police Station Division No. 2, Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise and affidavit both dated 25.8.2010(P-2 & P-3) arrived at between the accused-Petitioners and the Respondent No. 2-complainant.

(2.) As per allegations in the FIR, on dated 22.3.2009 at about 6.00 PM when complainant was going to market of Adarsh Nagar for bringing milk and reached near gate of Adarsh Nagar Park, a Santro Car bearing number PB-41-8288 came from his back side and stopped near him. One Sukha pushed the complainant in that car and took him to some unkown place where Petitioners armed with deadly weapons like Datar, Sword and Iron Rod attacked him. Petitioner No. 1-Dalbir gave Datar blow on the head of the complainant, Petitioner No. 3 Prem Singh @ Prema gave two blows from his sword on the back of the complainant and thereafter Petitioner No. 2-Jarnail Singh @ Jaila gave an iron rod blow on the left elbow of complainant. Thereafter one Jony gave knife blow on the left arm of the complainant and threw him near the Adarsh Nagar Park in injured condition.

(3.) While issuing notice of motion parties were directed to appear before the learned Illaqa Magistrate for getting their statements recorded in terms of the compromise and who shall submit its report regarding the genuineness of the compromise.