- (1.) PETITIONERS have brought this petition for quashing of FIR No.9 dated 2.2.2007, under Sections 326, 324, 341, 506, 148 and 149 of the Indian Penal Code (for short, 'the IPC') (Annexure P/1) recorded at Police Station Bullowal, District Hoshiarpur, and the judgment of the Judicial Magistrate Ist Class, Hoshiarpur, dated 7.5.2013 emanating therefrom, on the basis of compromise dated 14.9.2013(Annexure P -3).
(2.) THE petitioners were put to trial for the offence punishable under Sections 326, 324, 341, 506, 148 and 149 IPC and after conducting a full -fledged trial, they were sentenced to various terms of punishment by the Court of Judicial Magistrate Ist Class, Hoshiarpur vide judgment of conviction and order of sentence dated 7.5.2013.
(3.) THE appeal filed by the petitioners against the judgment of conviction and order of sentence is pending before the learned Additional Sessions Judge, Hoshiarpur. While issuing notice of motion, the trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Judicial Magistrate Ist Class,Hoshiarpur has submitted a report dated 12.2.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Even both the parties are real brothers and there is version and cross -version.;