- (1.) Quashing of FIR No.121 dated 25.12.2010 under Sections 336, 323, 148, 149, 506 IPC read with Sections 25/27/54/59 Arms Act, registered at Police Station PAU, Ludhiana and subsequent proceedings arising therefrom including the chargesheet dated 12.7.2011 are sought on the basis of compromise dated 12.7.2011 (Annexure P-2).
(2.) As per the allegations levelled in the aforesaid FIR, the petitioners have allegedly committed an offence under Sections 336/506/34 IPC read with Sections 25/27/54/59 Arms Act. However, it has been averred in this petition that car of the petitioners struck against the car of respondent No.2 due to heavy fog on the day of occurrence, which resulted into registration of the FIR in question. It has been further averred that compromise, Annexure P-2, has been effected between the parties with the intervention of respectables and friends and no grievance is left between the parties. 2. On the basis of the averments made before this Court, parties were directed to appear before the trial Court and get recorded their statements in support of the aforesaid compromise.
(3.) As per the report of the Judicial Magistrate Ist Class, Ludhiana, the parties have compromised the dispute with the respondent-complainant, who has objection if the FIR in question is quashed against the petitioners. The aforesaid report reads thus:- Sub: Report regarding compromise in FIR no.121 dated 25.12.2010 u/ss 336/506/34 IPC and 25/26.54.59 of Arms Act, PSPAU, Ludhiana. Respected sir, I have the honour to submit that vide order dated 23.4.2012 passed by the Hon'ble High Court in Crl.Misc.no.M-22608 of 2011, parties were directed to appear before the trial court to get their statements recorded on 24.5.2012 in support of compromise. However, on 24.5.2012, learned counsel for the complainant moved an application for exemption on behalf of complaint and as such file was ordered to be put up on 26.5.2012 on which date, statements of complainant and accused have been recorded. Complainant Preet Inder Singh got recorded his statement to the effect that on his statement FIR no.121 dated 25.12.2010 was registered against Satinder Singh and Manpreet Singh Bhathal and now compromise has been effected between him and accused and accused has filed quashing of FIR before the Hon'ble High Court and he has no objection if the same is quashed on the basis of compromise and said compromise is out of his own free will and without any pressure. Accused Satwinder Singh and Manpreet Singh have also got recorded their joint statement to the effect that on the statement of Preet Inder Singh, FIR no.121 dated 25.12.2010 was registered with PS PAU against them and Hardayal Singh was witness in the said case. They further stated that compromise has been effected between them and complainant and Hardayal Singh. They have filed quashing of FIR before the Hon'ble High Court and they have no objection if the same is quashed on the basis of compromise as the said compromise is with their own free will and without any pressure. Hardayal Inder Singh Grewal has also got recorded his statement on the same lines. In view of the statements suffered by complainant and accused, it appears that parties had settled the dispute and arrived at a compromise voluntarily. ;