LAWS(P&H)-2014-1-185

VISHAL KUMAR Vs. STATE OF PUNJAB

Decided On January 31, 2014
VISHAL KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioners, the accused in FIR No.52 dated 03.04.2013 (Annexure P -1) registered under Sections 452, 323, 427, 148 and 149 of the Indian Penal Code (for short, 'the IPC'), at Police Station City Muktsar Sahib, seek quashing of the aforesaid FIR saying that the matter has been amicably settled between them and complainant/respondent No.2 as evidenced by the compromise deed dated 27.08.2013 (Annexure P -2). FIR, Annexure P -1, was recorded on the statement of respondent No.2 on the allegations that the petitioners and some known person had inflicted bricks and danda blows on his person and his father. One of the petitioners, Vishal Kumar, is related to respondent No.2. Injuries are simple in nature and are compoundable. The offences, even otherwise, are against individuals and cannot be said to be heinous or grave.

(2.) WHILE issuing notice of motion, the trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The trial Court has submitted a report dated