HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner faced trial for offences punishable under Sections 325 and 323 IPC in case FIR No. 71 dated 24.8.2004 registered at Police Station Qadian and was convicted and sentenced by JMIC, Batala vide its judgment dated 12.11.2010. The judgment of conviction and order of sentence passed by trial Court was challenged by way of filing an appeal before Additional Sessions Judge, Gurdaspur but the same was dismissed and judgment of trial Court was upheld.

(2.) After dismissal of the appeal by the lower appellate Court, the present revision petition has been filed before this Court, wherein, judgments of both the Courts below have been challenged. During the pendency of present revision petition a compromise was effected between the parties and the complainant is not interested in pursuing the criminal proceedings against the accused-petitioner.

(3.) Learned counsel for the petitioner contends that the parties to the case are first cousins and injured was son of uncle of the petitioner and with the intervention of the respectables and family friends, a compromise has been arrived at between the parties. Learned counsel further contends that an application for seeking compounding of offence has been moved during pendency of revision petition and by recording the statements of counsel for the parties with regard to compromise, sentence of the petitioner has already been suspended by this Court vide order dated 26.5.2014 and has been released on bail. An affidavit of the complainant with regard to compromise has also been filed, which is on record. Vide order dated 26.5.2014 passed by this Court, the parties were also directed to appear before the trial Court for recording of their statements with regard to compromise. It was also directed that original compromise shall be produced before the trial Court and the statements of the parties be recorded to know whether the compromise is genuine and voluntary in nature.