BALJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No. 61 dated 25.6.2013 (Annexure -P.1) registered for the offences under Sections 452, 324, 323, 379, 148 and 149 IPC and under Section 326 IPC, which was added later on, at Police Station Sadar Gurdaspur, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise (Annexure -P.2).

(2.) THE FIR has been registered on the statement of complainant -Balwinder Pal on the allegations that the petitioners armed with deadly weapons came and raised 'Lalkara' that to catch hold of the complainant and Harjit Kumar, who were talking, and they should not be spared. Thereafter, an Innova car in which 4/5 young persons were there having base ball came towards them. The complainant and respondent No. 3 ran away towards their house for saving their life. The accused entered in the house while chasing them and they inflicted injuries with their respective weapons. The complainant fell down and when Harjit Kumar came forward to save him, then Mukesh Kumar gave baseball blow upon him which hit on his head and he also fell down on the ground. Then 4/5 unidentified persons, who were having baseball and hockey's, started beating them. Now with the intervention of respectable persons, the matter has been compromised between the parties as both the parties are residents of the same village.

(3.) LEARNED Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that if the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.