KARNAIL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 86 dated 23.06.2007 under Sections 323, 324, 341, 34 IPC, Police Station Rupnagar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 26.01.2012 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.

(2.) Complainant-Parvinder Singh as well as eye witness-Surinder Singh are present in Court along the counsel and have filed their respective affidavits, stating therein that with the intervention of respectables and family friends, the matter has been compromised on 26.01.2012. In the said affidavits, it is also mentioned that the all other accused have been acquitted by the learned trial Court vide judgment dated 27.01.2012. It is also mentioned that the petitioner has been declared proclaimed offender by the trial Court vide order dated 25.10.2010. They have no objection if the said FIR is quashed.

(3.) Taking into account that the co-accused of the petitioner have already been acquitted by the trial Court, the fact that the petitioner has been declared proclaimed offender should not stand in the way to quash the cross case in view of judgment rendered by this Court in the case of Sudo Mandal alias Diwarak Mandal v. State of Punjab passed in CRA No. D 638 DB of 2007, decided on 17.03.2011, held as under:-