HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.66 dated 27.8.2005 (Annexure -P.1) registered for the offences under Sections 454, 323 and 506 IPC at Police Station Badni Kalan, District Moga and all subsequent proceedings arising therefrom in view of the compromise (Annexure -P.3).

(2.) THE FIR has been registered on the statement of complainant - Darshan Singh on the allegations that the accused -petitioners attacked the complainant and his son when they were going to their fields for lightening the 'Jot' at the place of their forefather and they inflicted injures to them. It is stated that both the parties are closely related to each other. They are cousins and living in adjoining houses. There was minor dispute between the parties. The challan was presented in the Court and the petitioners were convicted for two years by the learned Sub Divisional Judicial Magistrate, Nihal Singh Wala vide its order dated 5.7.2013. The petitioners have filed an appeal before the learned Sessions Judge, Moga, which is pending. Now with the intervention of the respectable persons, the matter has been amicably settled between the parties and they do not want to persue the case against each other. Compromise (Annexure -P.3) has been entered into in this regard.

(3.) KEEPING in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned District and Sessions Judge, Moga, before whom the appeal is pending, has sent his report dated 11.10.2013 submitting that the compromise arrived at between the parties is genuine and has been effected between the parties of their own free will and without pressure from any quarter. It has also been submitted that the accused have already been convicted in this case by the Court of Sub Divisional Judicial Magistrate, Nihal Singh Wala and appeal filed by them against the said conviction is pending before that Court. Complainant Darshan Singh has stated that with the intervention of the respectable of the village, a genuine compromise has been effected between them and the above mentioned accused persons. This has been done to bring harmony between them and to restore cordial relations between the parties and he has no objection if the petition moved under Section 482 Cr.P.C. by the accused persons is allowed and the aforesaid FIR and subsequent proceedings are quashed.