MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of complaint No.41 dated 9.6.2006, under Sections 326, 323, 324, 148 and 34 of the Indian Penal Code as also all consequential proceedings emanating therefrom on the basis of compromise dated 21.6.2013, Annexure P3.

(2.) BRIEF facts that require notice are that respondent No.2 -complainant, namely, Premjit Singh filed the impugned complaint against the petitioners as also Sarup Kaur i.e. wife of petitioner No.1. Sarup Kaur, however, died during the course of trial. The dispute between the parties was basically on account of flow of water in a street in the village. For the same very occurrence, petitioner No.1 Mohinder Singh lodged FIR No.47 dated 5.2.2006, under Sections 326, 324, 323, 148 of the Indian Penal Code at Police Station Sunam, District Sangrur against respondent No.2 and his family members. Respondent No.2 and other co -accused were acquitted in such case vide judgment dated 26.3.2012 passed by the Judicial Magistrate Ist Class, Sunam. Petitioner No.1 filed appeal against the judgment of acquittal before the lower Appellate Court but as per pleadings on record, the same has since been withdrawn on 11.9.2013 on the basis of the compromise deed dated 21.6.2013, Annexure P3.

(3.) THE petitioners stand convicted under Sections 326, 324 and 323 of the Indian Penal Code in the light of judgment dated 15.1.2013 passed by the Judicial Magistrate Ist Class, Sunam. Against the judgment of conviction, the petitioners have filed an appeal and which is pending before the Additional Sessions Judge, Sangrur.