- (1.) Present petition has been filed by Kesar Singh @ Vaid and 9 others under Section 482 Cr. P. C. for quashing of FIR No. 22 dated 12.01.2008, under Sections 365, 386, 392, 395, 506, 148, 149 IPC, registered at Police Station City Barnala, and all subsequent proceedings arising therefrom, on the basis of compromise dated 23.08.2012 (Annexure P/2).
(2.) Learned counsel for the petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004 2 RCR(Cri) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound noncompoundable offence. Learned counsel for respondent No. 2-complainant, who is present in Court today, state that the complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
(3.) Learned counsel for respondent-complainant has also handed over short reply by way of affidavit dated 05.10.2012 to the above effect, which his taken on record.;