KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C. praying for quashing of FIR No.85 dtd. 19/8/2011 (Annexure-P.1) registered for the offences under Ss. 326, 323, 324 and 34 IPC at Police Station Kotbhai, District Sri Muktsar Sahib; judgment and order dtd. 13/5/2015 passed by learned Judicial Magistrate Ist Class, Gidderbaha, District Sri Muktsar Sahib, vide which the petitioners have been convicted and sentenced for the offences under Ss. 326, 323, 324 read with Sec. 34 IPC and all subsequent proceedings arising therefrom in view of the compromise/affidavit (Annexure-P.4).

(2.) The FIR has been registered on the statement of complainant- Harjit Singh on the allegations that the accused-petitioners attacked him and inflicted injuries. After trial, the petitioners were convicted for the offences under Ss. 326, 323, 324 read with Sec. 34 IPC and sentenced to undergo maximum sentence of one month vide judgment of conviction and order of sentence dtd. 13/5/2017 passed by learned Judicial Magistrate Ist Class, Gidderbaha. Thereafter, the petitioners filed appeal against the impugned judgment and order before the learned Sessions Judge, Sri Muktsar Sahib, which is pending. During the pendency of appeal, with the intervention of the respectable persons of both the parties on 30/1/2016, a written compromise has been effected by way of affidavit dtd. 30/1/2016 between the parties and in view of the abovesaid compromise, respondent No.2 does not want to proceed with the case.

(3.) Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Sessions Judge, Sri Muktsar Sahib, before whom the appeal is pending, has sent his report dtd. 24/8/2018 submitting that the compromise arrived at between the parties is genuine and has been effected between the parties of their own free will and without pressure from any quarter.