BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Balkar Singh and his two sons have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 68 dated 5.7.2011, under sections 324, 323, 34 IPC subsequently added section 326 IPC, Police Station Sekhwan, District Gurdaspur, in view of compromise effected with respondent No. 2-injured complainant who has furnished affidavit (Annexure P/1) regarding the compromise. Respondent no. 3 is wife of respondent no. 2 and is alleged eye witness to the occurrence but she did not suffer any injury in the occurrence. I have heard counsel for the parties and perused the case file.

(2.) COUNSEL for respondent nos. 2 and 3 stated that parties have effected compromise for which respondent no. 2-injured complainant has furnished affidavit Annexure P/1 and therefore, respondent Nos. 2 and 3 have no objection if the impugned FIR is quashed. Statements of the parties recorded by trial court pursuant to order of this Court have also been received to the effect that they have voluntarily effected compromise. Learned State counsel, on instructions from ASI Surjan Singh, stated that grievous hurt with sharp weapon relating to offence under section 326 IPC was on leg i.e. on non-vital part. In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent powers under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab and Haryana) 2225.