Ritu Bahri, J. - (1.) PRESENT petition has been filed under Section 482 Code of Criminal Procedure for quashing FIR No. 3 dated 4.1.2006 under Sections 323, 324, 506, 148, 149 IPC registered at Police Station Dakha, District Jagraon and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P -2).
(2.) AS per the FIR, the complainant and his wife stayed in the house made by Nirmal Singh son of Harinder Singh. A litigation is going on between Swaran Singh and his sister -in -law Balwinder Kaur wife of late Nirmal Singh, who had a joint Khata over the property. On 3.1.2006, the complainant Amarjit Singh was ploughing his fields and let out water supply in it. Swaran Singh etc. forcibly started digging in their land. Swaran Singh raised a Lalkara and started attacking the Petitioner. Petitioner was given beatings by Vicky Fauji, who was carrying a Dasti sword. The complainant's nephew Harinder Singh was hit by Kala Fauji. In the above background, the FIR had been registered. During the pendency of the trial a compromise has been effected between the parties on 19.5.2010 Annexure P -2. The original compromise has been placed on record as Annexure A -1. As per the contents of the compromise, all the complainants with the intervention of the Panchayat have agreed to compromise the matter. The trial is pending before the Court of Sub Judge Sh. Raman Kumar JMIC, Ludhiana. The parties have resolved their grudge against each other and have agreed to get the pending FIR quashed by giving their statements. Learned Counsel for the Petitioners states the parties have compromised the matter with the intervention of the respectables of the village and the society on 19.5.2010 (Annexure P -2. The trial is at the stage of recording of evidence. The original compromise is taken on record as Annexure A -1.
(3.) IN compliance of the order dated 19.1.2011 passed by this Court, report from the Judicial Magistrate Ist Class, Ludhiana has been received. The report submitted by the learned trial Court reads as under: ...statement of parties recorded. Complainant/injured Amarjit Singh alongwith his counsel got recorded his statement to the effect that he has compromised the matter with accused Swaran Singh, Balwinder Singh and Devinder Singh, with his own free will and he has no ill will against them. Accused Sukhdev Singh has already died and he has no objection if the present case may be cancelled. Injured/eye witness Balwinder Kuar on her behalf and on behalf of her son Harinder Singh being his power of attorney also got recorded her statement to the effect that Harinder Singh her son is also witness in this case. They have compromised the matter with accused Swaran Singh, Balwinder Singh and Devinder Singh with their own free will and they have no ill will against the accused. She further stated that accused Sukhdev Singh has already died and they have no objection if the present case may be cancelled. Similarly, accused Devinder Singh and Balwinder Singh along with their counsel suffered a compromise. Statement of complainant and injured Balwinder Kaur and same are correct. In view of the statements suffered by complainant as well as accused, it appears that parties had arrived at a valid compromise.;