- (1.) By this common order, Crl. Misc. Petitions viz. CRM M- 27790 of 2012 and CRM M-27845 of 2012 are being decided together as the same arise out of FIR No. 28 dated 22.02.2012 and cross-case registered vide Rapat No. 37 dated 22.02.2012.
(2.) CRM M-27790 of 2012 has been filed by Sukhdev Singh and others under Section 482 Cr.P.C. for quashing of FIR No. 28 dated 22.02.2012, under Sections 324, 323, 148, 149 IPC (later on added Section 307 IPC), registered at Police Station Fatehagrh Sahib, and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.08.2012 (Annexure P/2).
(3.) CRM M-27845 of 2012 has been filed by Pardeep Kumar under Section 482 Cr.P.C.for quashing of Cross-case registered vide Rapat No. 37 dated 22.02.2012 under Sections 341, 323, 148, 149 IPC in case FIR No. 28 dated 22.02.2012, under Sections 324, 323, 148, 149 (Section 307 IPC was added later on), and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.08.2012 (Annexure P/3). Learned counsel for the petitioners/complainants have relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004 2 RCR(Cri) 443to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that these are cross cases, the parties have compromised the matter and they are not likely to support the prosecution and from other facts and circumstances available on the record, the prosecution case is not likely to succeed, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR and the cross case on the ground that it would amount to be permitting the parties to compound non-compoundable offence.;