SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Code of Criminal Procedure for quashing FIR No. 3 dated 4.1.2006 under Sections 323, 324, 506, 148, 149 IPC registered at Police Station Dakha, District Jagraon and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P -2).

(2.) AS per the FIR, the complainant and his wife stayed in the house made by Nirmal Singh son of Harinder Singh. A litigation is going on between Swaran Singh and his sister -in -law Balwinder Kaur wife of late Nirmal Singh, who had a joint Khata over the property. On 3.1.2006, the complainant Amarjit Singh was ploughing his fields and let out water supply in it. Swaran Singh etc. forcibly started digging in their land. Swaran Singh raised a Lalkara and started attacking the Petitioner. Petitioner was given beatings by Vicky Fauji, who was carrying a Dasti sword. The complainant's nephew Harinder Singh was hit by Kala Fauji. In the above background, the FIR had been registered. During the pendency of the trial a compromise has been effected between the parties on 19.5.2010 Annexure P -2. The original compromise has been placed on record as Annexure A -1. As per the contents of the compromise, all the complainants with the intervention of the Panchayat have agreed to compromise the matter. The trial is pending before the Court of Sub Judge Sh. Raman Kumar JMIC, Ludhiana. The parties have resolved their grudge against each other and have agreed to get the pending FIR quashed by giving their statements.

(3.) IN compliance of the order dated 19.1.2011 passed by this Court, report from the Judicial Magistrate Ist Class, Ludhiana has been received. The report submitted by the learned trial Court reads as under: