LAWS(P&H)-2014-8-8

SUKHNEET SINGH Vs. STATE OF PUNJAB

Decided On August 05, 2014
Sukhneet Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE crux of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of complainant Manjeet Singh son of Jarnail Singh -respondent No. 2 (for brevity "the complainant"), a criminal case was registered against the petitioner along with his other co -accused, namely, Sukhwinder Singh son of Gura Singh and Gursewak Singh son of Sarwan Singh (since acquitted), vide FIR No. 300 dated 10.11.2008 (Annexure P -1), on accusation of having committed the offences punishable under Sections 420, 465, 467, 468 and 471 read with Section 120B IPC, by the police of Police Station Sadar Ferozepur.

(2.) AFTER completion of the investigation, the police submitted the final police report (challan) and accused were put to trial. Since, the petitioner did not join the proceedings, so, he was declared proclaimed offender, whereas his other co -accused were acquitted, by virtue of judgment of acquittal dated 25.01.2014 (Annexure P -3), by the Additional Chief Judicial Magistrate, Ferozepur. Now, the petitioner has surrendered in the Court and he was released on bail. He is facing the trial in the pointed case.

(3.) HAVING compromised the matter, now the petitioner -accused has preferred the present petition, to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter -alia, pleading that now with the intervention of respectables persons and friends, the parties have amicably settled their disputes. They have redressed their grievances. They belong to the same area, want to live in peace and harmony in future. The complainant has filed his affidavit dated 23.03.2014 (Annexure P -2) in this regard. The compromise is stated to be in the welfare and larger interest of the parties. Indisputedly, Sukhwinder Singh and Gursewak Singh, co -accused of the petitioner, have already been acquitted, by way of judgment of acquittal dated 25.01.2014 (Annexure P -3), by the trial Court. The complainant has no objection, if the criminal case registered against the petitioner -accused, by virtue of impugned FIR (Annexure P -1) is quashed. On the strength of aforesaid grounds, the petitioner -accused sought to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.