AMIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.83 dated 10.8.2003, registered at Police Station Raikot, District Ludhiana under Sections 326, 323, 324, 506, 148, 149, 34 IPC along with consequential proceedings, arising out of it on the basis of compromise.

(2.) LEARNED Counsel for the petitioners states that the case is pending till date and no conviction has been recorded so far. The complainant-respondent has sworn an affidavit Annexure P-2 in support of the compromise. In the affidavit, the complainant has admitted the factum of compromise. Furthermore, this Court, vide order dated 23.4.2013 had directed the trial court to record the statements of the concerned parties with regard to the genuineness and validity or otherwise of the compromise (Annexure P-2). In deference thereto, the trial court vide its report No.188 dated 14.5.2013, transmitted through the District & Sessions Judge, Ludhiana, has vouchsafed about the genuineness of the compromise after recording the statements of all concerned parties.

(3.) PRESENT petition is allowed. FIR No.83 dated 10.8.2003, registered at Police Station Raikot, District Ludhiana under Sections 326, 323, 324, 506, 148, 149, 34 IPC is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed. It is, however, made clear that if the petitioners stand convicted in the aforesaid FIR, this order shall be treated as non-est and will have no bearing on order of conviction and sentence passed therein.