MUMTAZ MOHAMMAD Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.33 dated 14.3.2012 (Annexure P-1), under Sections 279, 337, 427 and 304-A IPC (later on Section 181 and 192 of the Motor Vehicle Act were added), registered at Police Station Sahnewal, District Ludhiana City and all the proceedings subsequent arising therefrom including the judgment of conviction and order of sentence dated 07.08.2015 passed by the learned Judicial Magistrate Ist Class, Ludhiana, on the basis of compromise dated 21.01.2016(Annexure P-3).

(2.) Learned counsel for the petitioner contends that the learned Judicial Magistrate 1st Class, Ludhiana vide judgment dated 7.8.2015 has held the petitioner guilty for committing the offence punishable under Sections 279 and 304-A IPC only and vide separate order, sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.200/- under Section 304-A IPC and rigorous imprisonment for 6 months for offence punishable under Section 279 IPC. He submits that the appeal against the judgment dated 7.8.2015 is pending before the learned Additional Sessions Judge, Ludhiana. It is during the pendency of the aforesaid appeal, the matter has been compromised between the parties Quashing of the aforesaid FIR and setting aside of the impugned judgment of conviction and order of sentence dated 07.08.2015 passed by the learned trial Court is sought on the basis of compromise dated 21.01.2016(Annexure P-3) arrived at between the parties during pendency of the appeal before the learned appellate Court.

(3.) On the basis of the statements of the parties and the report submitted by the learned Additional Sessions Judge, Ludhiana, it is established that respondent No.2-Mohit Sood and respondent No.3-Kusum Sood have genuinely entered into a compromise with the accused-petitioner.