- (1.) This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-35754 of 2014 filed by Sanjeev Kumar etc. under Section 482 Cr.P.C.for quashing of FIR No.33 dated 31.3.2008 registered for the offences under Sections 324, 323, 148 and 149 IPC at Police Station City Fazilka, District Fazilka and judgment/order of conviction dated 3.6.2014 passed by learned Judicial Magistrate Ist Class, Fazilka and Criminal Misc. No.M-35923 of 2014 filed by Wanzara Ram alias Banjara Ram etc. for quashing of cross-case registered vide Rapat No.26 in FIR No.33 dated 31.3.2008 for the offences under Sections 326, 324, 323, 148 and 149 IPC along with all subsequent proceedings arising therefrom on the basis of compromise.
(2.) The FIR and the cross-case were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. The dispute arose as on the day of Holi festival, children of the complainant in FIR case threw Holi colour on Sanjeev Sharma, due to which, he slapped their children, but ultimately, they got effected a Panchayati compromise. On 31.3.2008, Deepak son of the complainant was coming on pony cart loading with 'hadarori' to their house. Sanjeev Kumar etc. stopped him near Bikaneri Octroi and abused him. His son left the pony cart there and rushed to the house and narrated the whole occurrence to him. He further stated that at about 12.00 noon, Wanzara Ram along with his son Ajay Kumar and his wife Asha Rani were going for bringing the pony cart and when they reached in front of Khana Khazana Hotel, accused Sanjeev Sharma along with his companions armed with 'Kapa', 'Kirpans', 'Sota', 'Dang' stopped their Mahindra pickup.
(3.) Accused Sanjeev Sharma raised 'Lalkara'; to teach them a lesson for throwing the colour of Holi. In the above fight, both the parties have received injuries. In these cases, challan was filed and vide impugned judgment/order dated 3.6.2014, both the parties have been convicted and sentenced. Against the judgment of conviction and the order of sentence, the petitioners have filed appeal before the learned Additional Sessions Judge, Fazilka, which is pending. During the pendency of this appeal, both the parties have compromised the matter by resolving all their disputes and compromise deed in both the FIR case as well as cross-case is annexed with these petitions.;