MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. for quashing of Criminal Complaint No. 129/RT/17/9/2011 dtd. 14/9/2011 (Annexure P-1) under Sec. 156(3) of Cr.P.C. filed by respondent No. 2 for directing the police officials of Police Station Sadar Patiala to lodge an FIR under Ss. 307, 458, 326, 323, 324, 34 of the Indian Penal Code, 1860 which was later on converted into private complaint (No. CRM-63844-2013) by the trial Court under Ss. 452, 323, 324, 506 and 34 of the IPC and all the subsequent proceedings arising therefrom including judgment and order of conviction dtd. 28/1/2020 passed by the Judicial Magistrate 1st Class, Patiala (Annexure P-2).

(2.) Learned counsel for the petitioners has submitted that although, initially in the complaint, offence under Sec. 307 of IPC was also alleged against the petitioners but the conviction was only under Ss. 452, 323, 506 and 34 of the IPC by the Judicial Magistrate 1st Class, Patiala and it has been contended that now the matter has been compromised and the appeal against the said judgment of conviction is still pending. In support of his contention, he has also relied upon the judgment dtd. 29/9/2021 passed by the Hon'ble Supreme Court in Criminal Appeal No. 1489 of 2012 titled Ram Gopal and another Vs. State of Madhya Pradesh.

(3.) When this matter came up before this Court on 2/12/2021, notice of motion was issued and learned counsel for respondent No.2 had appeared and had reiterated the fact that the matter has been compromised. On the basis of the same, the report from the concerned Illaqa Magistrate/trial Court was directed to be submitted after the petitioners and respondent No.2 appear before the Illaqa Magistrate/trial Court and get their statements recorded.