KEHAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 86 dated 23.05.2010, under Sections 279, 338, 427 IPC, registered at Police Station Garhshankar, District Hoshiarpur and all the subsequent proceedings arising out of the said FIR on the basis of compromise dated 11.04.2012 (Annexure P/2). Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004 2 RCR(Cri) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non-compoundable offence.

(2.) Learned counsel for respondent Nos. 2 to 4, on instructions from Lakhbir Singh, Vijay Kumar and Avtar Singh @ Tari, who are present in Court today, states that respondent Nos. 2 to 4 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

(3.) Learned counsel for respondent nos. 2 to 4 has also handed over three separate affidavits dated 24.08.2012 of respondent Nos. 2 to 4 to the above effect, which are taken on record.