MANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.27 dated 28.2.2007 registered for the offences under Sections 452, 324, 323, 379, 148 and 149 IPC at Police Station Sadar Muktsar, District Sri Muktsar Sahib, for setting aside the impugned judgment dated 18.2.2012 (Annexure -P.2) passed by learned Chief Judicial Magistrate, Sri Muktsar Sahib and all consequential proceedings arising therefrom on the basis of compromise.

(2.) THE above said FIR has been registered on the statement of complainant -Baldev Singh (respondent No.2). Cross -case arising out of the same FIR was also registered against the petitioners' party by respondents No.2 and 3 and now both the parties have resolved their dispute and have decided to live peacefully. The cases were registered against both the parties due to party factions. After the trial learned Chief Judicial Magistrate, Sri Muktsar Sahib convicted the petitioners for the offences under Sections 452, 324, 323, 148 and 149 IPC vide impugned judgment dated 18.2.2012 (Annexure -P.2). The petitioners have filed appeal against the judgment of conviction, which is pending before the Court of learned Additional Sessions Judge, Sri Muktsar Sahib. Now both the parties have entered into compromise with the intervention of Panchayat and respectable persons of the society and they being of the same village want to live in peace and harmony and do not want to litigate against each other for the better future.

(3.) THEREFORE , they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Sri Muktsar Sahib has sent his report dated 23.9.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. It is further reported that accused Nachhattar Singh (petitioner No.5 herein) did not appear for recording his statement.