Nirmaljit Kaur, J. - (1.) THE present petition has been filed under Section 482 Code of Criminal Procedure for quashing of FIR No. 38 dated 10.5.1990 under Sections 326/323/148/149/325 IPC Police Station Haryana District Hoshiarpur and subsequent proceedings arising there from on the basis of compromise entered into between the parties.
(2.) THE brief facts relevant in the present petition are that FIR No. 38 dated 10.5.1990 under Sections 326/323/148/149/325 IPC Police Station Haryana District Hoshiarpur was got registered by one Jaswinder Singh. The Petitioners were tried and convicted in the said FIR. Thereafter, the Petitioners filed an appeal against their conviction before the appellate Court and the same is pending. During the tendency of the appeal, both the parties have entered into a compromise with the intervention of respectable of the village. Compromise deed (Annexure P -4) has already been placed on record. Report dated 24.7.2009 No. 674 regarding the compromise has also been received from Surinder Singh Sahni, Addl. District and Sessions Judge, Hoshiarpur. It is submitted in the said report as under: I have the honour to submit that there were three injured namely Jaswinder Singh, Avter Singh and Sadhu Singh. Avtar Singh and Sadhu Singh have appeared before me and made separate statements having effected compromise with the accused party. Injured Jaswinder Singh is stated to have gone abroad. The FIR in question was registered on the statement made by Jaswinder Singh. In the absence of Jaswinder Singh, it cannot be said that entire matter has been compromised. However, there are statements made by Avtar Singh and Sadhu Singh that they have entered into compromise. From their statements, this Court is satisfied that compromise by them is voluntary. They were identified by Mrs. P.K. Gill Advocate. Original statements made by them are enclosed herewith.
(3.) LEARNED Counsel for Respondents No. 2 and 3 has already placed on record the affidavit of Jaswinder Singh vide order dated 4.10.2010 before this Court authenticating the compromise. As per the said affidavit, Jaswinder Singh has no objection if the Petitioner is acquitted of the charges.;