BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under section 482 Cr.P.C., the prayer is for quashing of FIR No.4 dated 7.1.1999, under section 323, 324, 506, 148, 149 IPC, registered at Police Station Banga.

(2.) The prayer has been made on various grounds including that the matter has been compromised with the complainant and pursuant thereto the petitioner's co-accused have already been acquitted vide judgment dated 25.8.2000 (Annexure P-3). A perusal of the aforesaid judgment indicates that the complainant and alleged eye witness to the occurrence did not support the prosecution case as a result of which the petitioner's co-accused was acquitted.

(3.) There is no serious dispute regarding the above stated facts, however, Learned State Counsel contends that the petitioner has already been declared a proclaimed offender, who has never surrendered before the court, therefore, it will not be desirable to invoke powers under section 482 Cr.P.C. and to quash the FIR and consequential proceedings qua him.