SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") seeking quashing of order dtd. 18/1/2019 (Annexure P-13) in FIR No. 71 dtd. 19/7/2013 under Sec. 307, 452, 323, 427, 506, 148 and 149 of the Indian Penal Code, 1860 (hereinafter referred to as"the IPC") registered at Police Station Raikot, District Ludhiana Rural (Annexure P-1) (offence under Sec. 325 was added and offence under Sec. 307 of the IPC was deleted on 27/7/2013 and thereafter vide Zimni dtd. 20/10/2013 offence under Ss. 452, 427, 148 and 149 of the IPC were deleted and offence under Sec. 34 of the IPC was added) vide which the petitioner was declared as proclaimed offender, as well as subsequent proceedings arising therefrom.

(2.) The facts of the instant case are that the FIR in question has been registered at the instance of one Sarabjit Singh son of Piara Singh dtd. 19/7/2013 wherein he had alleged that he was Polling Agent of one Chamkaur Singh Sarpanch at the time of Panchayat Elections where a fight had occurred with Gurmeet Singh son of Surjan Singh who had intimidated the complainant. On the date of incident, Jagtar Singh Panch who had been elected from Ward No. 5 was thanking the voters from Gurudwara Sahib which agitated Gurmeet Singh and others and they tried to pick a fight which was however settled by the respectable persons of both the sides and the parties were separated. At about 11:00 a.m., the complainant was present in his house, 20-25 persons came on various vehicles carrying weapons and caused injuries. The petitioner was allegedly armed with a kirpan and is alleged to have participated in the commission of offence along with other co-accused. No injury was however attributed to the petitioner.

(3.) It is submitted by the learned counsel appearing on behalf of the petitioner that the incident in question is stated to have taken place on 19/7/2013. The date of birth of the petitioner is 19/2/1998 and a passport in this regard was duly appended and as such he was less than 15 years of age as on the date of alleged incident and had been falsely implicated. Upon investigation into the matter, the petitioner was found innocent and was kept in column No.2 and not charge sheeted by the Investigating Agency. The statements of the prosecution witnesses i.e. complainant Sarabjit Singh and victim Piara Singh as well as statement of eye-witness Inderjit Singh were recorded on 16/3/2019 as well as on 2/4/2019 wherein it is specifically stated that they had settled their dispute with the accused party and do not want to proceed further in the case and that permission be granted to them to compound the offence and that they have no objection if the accused persons are acquitted. The copies of the said statements of the complainant-victim as well as eye-witnesses had been appended along with petition as Annexure P-3 and P-4 respectively. He submits that a settlement has also been entered into between the petitioner and the complainant as well as the injured witnesses and the compromise deed in this regard has been filed along with the instant petition.