- (1.) Present petition has been filed by Jaspreet Singh @ Jassu and Yadwinder Singh @ Massu under Section 482 Cr.P.C. for quashing of FIR No. 6 dated 15.01.2010, under Sections 307, 324, 323, 148, 149 IPC and Section 25/25(54) of the Arms Act, registered at Police Station Tanda, District Hoshiarpur and all subsequent proceedings arising therefrom, on the basis of compromise/affidavit (Annexures P/4 and P/5). 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 from facts and circumstances available on record 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, 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.) It is an admitted fact that both the petitioners and also the complainant are Kabbaddi players. The team of the petitioners lost match against the complainant's team. Then after final match occurrence took place where complainant was attacked by rival players, since players of all team were present there, thus in confusion the name of the petitioners was implicated. Later on it was discovered that petitioners were not the persons who attacked complainant. On realizing the factual position the complainant has sworn an affidavit dated 22.12.2011 (Annexure P/5) to the effect that petitioners' name figured due to mistaken identity because of rush of people. Moreover, occurrence was nothing more than a rivalry between players which is often seen during such inter-village games. Hence, it should not be given the colour of offences under Sections 307, 323, 324, more so when there was no personal enmity between the parties. 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 no.2/complainant has also handed over an affidavit dated 10.05.2012 to the above effect, which is taken on record.;