LAWS(P&H)-2014-5-249

ROOP LAL Vs. STATE OF PUNJAB

Decided On May 19, 2014
Roop Lal and Others Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) THROUGH the present petition filed under Section 482 of the Code of Criminal Procedure (in short, 'the Code'), the petitioners have prayed for quashing of FIR No. 116 dated 14.06.2009 registered in Police Station Civil Lines Batala, Police District Batala, District Gurdaspur for offence under Sections 307, 323, 148, 149 and Sections 25 and 27 of Arms Act and proceedings emanating therefrom on the basis of compromise dated 20.09.2013 (Annexure P2) arrived at between the parties.

(2.) VIDE this Court's order dated 13.11.2013, the parties were directed to appear before the trial Court to get their respective statements recorded. Simultaneously, the trial Court was also directed to submit its report with regard to genuineness of the compromise arrived at between the parties.

(3.) COUNSEL for the petitioners submits that challan has been presented in the Court but charge is yet to be framed. It is further submitted that in the occurrence one person, namely Balbir Singh, author of the FIR, sustained injuries and he has entered into a compromise by way of an amicable settlement with the petitioners, therefore, there is no possibility of his supporting the case of the prosecution, in case the trial is allowed to continue and in the circumstances, it would be rendered a mere formality without any prospect of proceedings resulting in conviction of the accused.