SURAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of FIR No. 15 dtd. 18/1/2018 under Ss. 323, 324, 148 and 149 of the Indian Penal Code,1860 (Ss. 326 and 201 IPC added later on) as well as for setting aside the judgment of conviction and order of sentence dtd. 11/10/2019 passed by the Principal Magistrate, Jevenile Justice Board, Ludhiana vide which the petitioner had been convicted and sentenced to stay at special home for a period of two years and to pay a fine of Rs.1,000.00and all subsequent proceedings arising therefrom qua the petitioner only on the basis of the compromise.

(2.) Learned counsel for the petitioner has submitted that in the present case, FIR was registered against two named persons and three unnamed persons. The petitioner was named as an accused and the petitioner was a juvenile on the date of the alleged incident and was thus, alone tried and it is further submitted that the petitioner alone has been convicted by the Juvenile Justice Board, Ludhiana vide judgment dtd. 11/10/2019 (Annexure P-2) and the appeal against the said judgment is pending before the Sessions Judge, Ludhiana. It is further submitted that the other accused are major and the compromise between them and the respondent No. 2 has already been effected and they would subsequently file a separate petition for quashing of the proceedings. It is contended that the compromise in the present case is genuine and bona fide and it will bring about peace and amity between the parties.

(3.) Learned counsel for the petitioner has further 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 antoher Vs. State of Madhya Pradesh.