KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of FIR No. 68 dated 10.06.2002 under Sections 307/323/324/ 447/511/506/148 and 149 IPC registered at Police Station Bilga, District Jalandhar and subsequent proceedings arising out of the same on the ground that co-accused of the petitioner have already been acquitted by the trial Court as the prosecution witnesses have not supported the prosecution version and now the matter has been compromised.

(2.) The FIR was registered against the present petitioner. The petitioner left the Country on 15.01.2004. He was declared a proclaimed offender. It is contended by learned counsel for the petitioner that the petitioner was unable to come India as he lost his passport. Meanwhile, he has applied for a fresh passport. The enquiry regarding his citizenship and verification is pending with the police officials. It is further stated that other 24 co-accused of the petitioner who faced trial have been acquitted by the trial Court as the prosecution witnesses did not support the prosecution version and they were declared hostile. In spite of their lengthy and searching cross examination, nothing came on record against the co-accused. Ultimately, co-accused of the petitioner were acquitted by the Additional Sessions Judge, Jalandhar vide his order dated 19.01.2008, which is placed on record as Annexure P-3. Moreover, the mother of the petitioner has entered into a compromise with the complainant party. The evidence against the present petitioner is identical.

(3.) The question therefore arises is whether the proceedings can be quashed qua the petitioner who is a declared proclaimed offender.