BIKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 Cr.P.C.has been filed for quashing of F.I.R. No. 83 dated 5.7.1996 under sections 324/326 I.P.C. police station Sadar Moga and consequential proceedings taken in the Court of Judicial Magistrate 1st Class, Moga with prayer to stay further proceedings before the trial Court.

(2.) FACTS of the case are that case F.I.R. No. 83 dated 5.7.1996 under sections 324/326 I.P.C. (Annexure P.1) was registered at the instance of Malkiat Singh respondent No. 2. The case is pending before Judicial Magistrate 1st Class, Moga. Petitioner and respondent No. 2 are real cousin brothers and want to live in peaceful atmosphere which would be conducive to the good relations between them. At the instance of the respectables of the village, they have effected compromise between them. That compromise has been effected without fear or any pressure. It is further stated that in pursuance of the said compromise, Malkiat Singh respondent No. 2 moved an application (Annexure P3) before the trial Court. That application was, however, dismissed by the trial Court vide its order dated 1.12.1997 by observing that: :......There is no provision in Cr.P.C. for allowing the parties to compromise the offence u/s 326 IPC as the same does not fall within section 320 of Cr.P.C. which is the only section for compounding the offences."

(3.) IN response to the notice issued to the respondents, Malkiat Singh respondent No. 2 has put in appearance in person.