SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of the FIR No.87 dated 21.06.2006 registered under Sections 307, 326, 324, 323, 148 and 149 of the Indian Penal Code, 1860 registered at Police Station Goraya and all subsequent proceedings arising therefrom.

(2.) The facts as stated by the learned counsel are that the petitioner is a permanent resident of United States. It is further stated that he has not come to India since August, 2005. The FIR was lodged on 21.06.2006. On this date, the petitioner was not even in India. The alleged occurrence is dated 19.06.2006. On this date also, the petitioner was not in India. A copy of the passport has been placed on record as proof of the same. Thereafter, the petitioner was enroped on the statement of one Kranti Deepak. A supplementary statement of respondent No.2/complainant was recorded on 03.04.2007 under Section 161 of the Code of Criminal Procedure, 1973 stating therein that the present petitioner had sent the money to Sushil Kumar for paying the persons to cause injury to respondent No.2/complainant, whereas, all the co-accused of the petitioner including Kranti Deepak stands discharged by the trial Court. Even the respondent No.2/complainant appeared in the witness box and stated that he had not made any such statement that the present petitioner was involved in any manner and that he ever given money for inflicting injuries. The co-accused of the petitioner faced trial. However, they were acquitted. The petitioner was not discharged as he was a proclaimed offender and did not face trial. However, taking into consideration the facts and circumstances of the case, the petitioner was permitted by this Court vide order dated 10.09.2010 to surrender before the trial Court. The petitioner, accordingly, put in appearance before the trial Court and was released on bail. Thereafter, during the pendency of the present petition, an application Crl. Misc. No.60999 of 2010 was moved, stating therein, that the matter was compromised between the parties and the present petition be, accordingly, allowed in view of the said compromise. Affidavit of respondent No.2/complainant-Balwinder Kumar dated 09.11.2010 was also placed on record. Paras 2 and 3 of the said affidavit reads as under :-

(3.) That as a result of the same, the answering respondent is no longer interested in pursuing the FIR No.87 dated 21.06.2006."