TAJINDER SINGH @ SUNNY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioner, the accused, in criminal complaint No. 318 -A of 2011 under Sections 323, 324, 326, 148 and 149 of the Indian Penal Code (for short, the IPC), seek quashing of the above criminal complaint and the summoning order dated 10.1.2012, saying that the matter has been amicably settled between them and the complainant/victim(s) as evidenced by the deed of compromise dated 17.8.2012( Annexure P3).

(2.) BRIEF facts of the case are that a criminal complaint titled 'Iqbal Singh vs. Tajinder Singh @ Sunny and others' under Sections 323, 324, 326, 148 and 149 was filed against the petitioners by the respondent No.2 and is pending in the Court of learned Additional Sessions Judge (Fast Track Court) Gurdaspur, wherein the present petitioners have been summoned to stand trial. It has been alleged in the complaint that petitioner Tejinder Singh aka Sunny gave a datar blow from its reverse side on complainant's head, petitioner Ranjit Singh inflicted a datar blow, from its reverse side on complainant's back, petitioner Gurbhej Singh administered a dang blow on complainant's chest and petitioner Rajbir Singh inflicted a datar blow on his left leg on being exhorted by petitioner Surinder Singh. At the same time, FIR No. 129 dated 20.10.2011 was recorded against the complainant/respondent No.2, at Police Station Sri Hargobindpur, under Sections 307, 326, 324, 323, 148, 149 IPC. The parties, with the intervention of their well wishers, have decided to bury the hatchet.

(3.) WHILE issuing notice of motion, learned 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 learned trial Court has submitted a report dated 10.1.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.