Ritu Bahri, J. - (1.) PRESENT petition has been filed under Section 482 Code of Criminal Procedure for quashing FIR No. 257 dated 23.8.2008 under Sections 392, 427, 148, 149 IPC registered at Police Station City Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise (annexure P -2).
(2.) AS per the contents of the FIR, complainant / Respondent No. 2 on 23.8.2008 at about 6 PM, while driving bus No. PB -09 -H -9185, loaded with passengers reached about Kapurthala Chuharwal near Chungi then Devi Party and Jwala Chuharwal Party, both parties have six -seven persons, armed with swords/ kirpans and Datars were quarreling. Jwala of Jwala Party who were armed with naked sword and hit the front mirror of the bus, resultantly the mirror broke down. Jwala Party after entering into the bus with their respective weapons asked the conductor, Gurmeet Singh to hand over his money bag otherwise they will kill him and while going away they took the money bag in which three thousand and two rupees were kept. During the pendency of the trial, complainant has entered into compromise with Paramjit Singh @ Jawala son of Tarsem Lal .
(3.) IN compliance of the order dated 20.01.2011, passed by this Court, a report from the Chief Judicial Magistrate, Kapurthala has been received, which reads as under: The statement of complainant Lakhwinder Singh son of Sohan Singh, accused Paramjit Singh @ Jawala son of Tarsem Lal, Tarsem Lal son of Kartar Chand, father of accused Paramjit Singh @ Jawala, SI -Mohinder Singh, No. 690, JR, Special Investigation Staff, Kapurthala, Dara Ram, Municipal Councillor, Ward No. 6, Kapurthala and Kuldip Singh, Member Panchayat of village Bhandal Bet, District Kapurthala, in this case bearing FIR No. 257 dated 23.08.2008 Under Section s 392/427/148/149 IPC, P.S. City, Kapurthala, have been recorded, whereby, the complainant submitted that he has entered into compromise with the accused. He does not want to proceed against the accused in criminal proceedings against him in this As case. Accused Paramjit Singh @ Jawala also suffered the statement that compromise has been effected between the complainant and him. Tarsem Lal son of Kartar Chand, father of accused Paramjit Singh @ Jawala, SI -Mohinder Singh, No. 690 JR, Special Investigation Staff, Kapurthala, Dara Ram, Municipal Councillor, Ward No. 6, Kapurthala and Kuldip Singh, Member Panchayat of village Bhandal Bet, District Kapurthala, have also got recorded their statements and corroborated the version of the complainant and the accused regarding compromise having been effected between the complainant and the accused. Thus, under these circumstances compromise between complainant Lakhwinder Singh and accused Paramjit Singh @ Jawala in this case seems to be genuine. The copy of statement of complainant Lakhwinder Singh is Annexure -A. The copy of statement of accused Paramjit Singh @ Jawala is Annexure -B. The copy of statement of Tarsem Lal son of Kartar Chand, father of accused Paramjit Singh @ Jawala is Annexure -C. The copy of statement of SI -Mohinder Singh, No. 690, JR, Special Investigation Staff, Kapurthala is Annexure -D. The copy of statement of Dara Ram, Municipal Councillor, Ward No. 6, Kapurthala is Annexure -E and the copy of statement of Kuldip Singh, Member Panchayat of village Bhadal Bet, District Kapurthala is Annexure -F. per the report, the statement of complainant Lakhwinder Singh son of Sohan, Singh, accused Paramjit Singh @ Jawala son of Tarsem Singh, Tarsem Lal son of Kartar Chand, father of accused Paramjit Singh @ Jawala had been recorded. As per the statements recorded, the complainant has amicably settled the dispute and they have entered into compromise. They have no objection if the FIR in question is quashed.;