- (1.) Criminal Misc. No.28138 of 2012 This application is for placing on record Annexures P-18 and P-19. Application is allowed and Annexures P-18 and P-19 are taken on record. Criminal Misc. No. M-13966 of 2011 The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioner, namely, Balwant Singh, for quashing of F.I.R. No.155 dated 18.09.2000, under Sections 323 and 324 read with Section 34 of Indian Penal Code registered at Police Station Banga, District Nawanshahar, on the basis of compromise effected between the parties, which are annexed as Annexures P-1 and P-2 with the petition. While issuing notice of motion on 10.05.2011, following contention of learned counsel for the petitioner was recorded: - " Learned counsel for the petitioner by relying upon the judgment of Delhi High Court in Smt. Urmila Devi Vs. The State (NCT of Delhi), 2007 1 RCR(Cri) 246 and of this Court in Gurpreet Singh @ Khinder Vs. State of Punjab, 1995 2 RCR(Cri) 127 and Sudo Mandal @ Diwarak Mandal Vs. State of Punjab passed in Crl. A. No. D-638-DB of 2007 and Crl. A. No.D-9- DB of 2010 on 17.03.2011 contends that the allegations against the present petitioner are same as against his co-accused, who have already been acquitted by the trial Court vide its judgment dated 17.5.2004. Learned counsel for the petitioner further submits that even it is clear from the statement of the complainant that no injury was caused to him by the present petitioner and he resiled from his earlier statement made at the time of registration of the FIR. xxx xxx xxx"
(2.) Subsequently, vide order dated 08.12.2011, parties were directed to appear before the trial Court for recording of their statements with regard to the compromise. The trial Court was directed to record the statements of both the parties and also to send a report in this regard.
(3.) In response to the said directions issued by this Court, a report in this regard has been sent by the trial Court, which is on record wherein it has been mentioned that the compromise between the parties is voluntary and is without any fear and ill-will. It has also been mentioned that the statements of Manjit Ram-injured as well as eye-witness of the case, who is brother of complainant Kamaljit Kumar, were recorded wherein he has specifically stated that a compromise has been effected with Balwant Kumar @ Happy and the compromise is without any pressure or threat. He has also stated in his statement that his brother is residing abroad and there are no chances of his returning back in near future. Kamaljit Kumarcomplainant has also furnished his affidavit with regard to compromise. To identify the parties concerned, statement of Harbhajan Singh-Numberdar of the Village was also recorded wherein factum of compromise has also been affirmed. Similarly, Balwant Singh-accused also made statement before the trial Court. Learned counsel for the petitioner submits that the coaccused of the petitioner namely,Hem Raj alias Mintu, Kulbir Kumar alias Biri, Binder Kumar alias Bindu, were acquitted by the trial Court vide judgment dated 17.05.2004 as the case of the prosecution was not supported by PW-1 and PW-2.;