SATNAM SINGH ALIAS BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M -39980 of 2014 filed by Satnam Singh alias Bittu etc. under Section 482 Cr.P.C. for quashing of FIR No.85 dated 10.9.2009 registered for the offences under Sections 323, 341, 506, 148 and 149 IPC (Section 325 IPC, which was added later on) at Police Station Balachaur, District S.B.S. Nagar and Criminal Misc. No.M - 40150 of 2014 filed by Ashwani Kumar etc. for quashing of DDR No.20 dated 10.9.2009 registered for the offences under Sections 323, 341, 506, 148 and 149 IPC in FIR No.85 dated 10.9.2009 at Police Station Balachaur and all consequential proceedings arising therefrom including the impugned judgments of conviction and the order of sentence dated 5.9.2013 passed by learned Sub Divisional Judicial Magistrate, Balachaur (S.B.S. Nagar) on the basis of compromise.

(2.) THE above FIR and DDR have been registered by both the parties against each other on the allegations that a fight ensued between them and both the parties received injuries. After the trial, the learned Sub Divisional Judicial Magistrate, Balachaur (S.B.S. Nagar) vide two separate judgments dated 5.9.2013 convicted and sentenced the petitioners of both the petitions as mentioned in the impugned judgments. They have filed separate appeals against the judgments of conviction and sentence, which are pending in the Court of learned Additional Sessions Judge, S.B.S. Nagar. During the pendency of the appeals, now with intervention of respectable persons of the locality, the matter has been amicably compromised between the parties and they have resolved their dispute and they want to live in peace and do not want to prolong the litigation.

(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 Additional Sessions Judge, Shaheed Bhagat Singh Nagar has sent his two reports No.124 and 125 dated 8.1.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant -Ashwani Kumar in Cr. Misc. No.M -39980 of 2014 and complainant -Naval Kishore alias Bagga in Cr. Misc. No.M -40150 of 2014 have stated that they have compromised the matter with the accusedpetitioners according to their free will, without any coercion and undue influence and have no objection if the above said FIR and DDR are quashed and the impugned judgments are set aside.