LAWS(P&H)-2017-4-33

HARISH SHARMA Vs. STATE OF PUNJAB

Decided On April 24, 2017
HARISH SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Through the present petition filed under Sec. 482 of the Code of Criminal Procedure (in short, 'Cr.P.C.'), the petitioners have prayed for quashing of FIR No. 31 dated 25.02.2015 for offence punishable under Sections 307, 452, 324, 323 and 427 read with Sec. 34 of the Indian Penal Code (in short, 'IPC') registered with Police Station Division No. 1, Pathankot and proceedings emanating therefrom on the basis of compromise dated 19.11.2016 (Annexure P-2) arrived at between the parties.

(2.) Counsel for the petitioners submits that as the parties have amicably settled their dispute by way of compromise out of their free consent and sweet will without any threat, pressure or undue influence, the aforesaid FIR and proceedings emanating therefrom may be quashed. Counsel also submits that none of the petitioners is proclaimed person nor any proceedings for declaring them as such are pending.

(3.) In the present case, the aforesaid FIR was lodged at the behest of complainant/respondent No. 2 containing allegations that while the complainant was at his home, petitioner No. 1 along with two unidentified persons i.e. petitioners No. 2 and 3 entered his house and caused injuries to him. As per prosecution, there were total three injuries sustained by the complainant, out of which, one injury has been attributed to petitioner No. 1 on the left side of his head with datar and other two injuries have been attributed to petitioners No. 2 and 3, allegedly armed with dang.