JUDGEMENT
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(1.) Present petition has been filed under Section 482 Cr.P.C.
for quashing of FIR No. 86 dated 23.05.2010, under Sections 279,
338, 427 IPC, registered at Police Station Garhshankar, District
Hoshiarpur and all the subsequent proceedings arising out of the said
FIR on the basis of compromise dated 11.04.2012 (Annexure P/2).
Learned counsel for the petitioner 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 non-compoundable
offence.
(2.) Learned counsel for respondent Nos. 2 to 4, on
instructions from Lakhbir Singh, Vijay Kumar and Avtar Singh @ Tari,
who are present in Court today, states that respondent Nos. 2 to 4
would have no objection, if the present FIR along with consequential
proceedings, arising out of it, are quashed.
(3.) Learned counsel for respondent nos. 2 to 4 has also
handed over three separate affidavits dated 24.08.2012 of
respondent Nos. 2 to 4 to the above effect, which are taken on
record.;
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