- (1.) THIS petition has been filed by petitioner Brijinder Pal Singh Bhullar alias Baljinder Pal Singh Bhullar under Section 482 Cr.P.C. for quashing of FIR No.154 dated 4.5.1990 (Annexure -P.1) registered for the offences under Sections 308, 506, 147, 148, 149 and 323 IPC at Police Station Central, Chandigarh and and all other subsequent proceedings arising therefrom on the basis of compromise dated 24.10.2013 (Annexure -P.9).
(2.) THE complainant -respondent No.2 Harpreet Singh has got registered case against the petitioner and other co -accused as a fight ensued between them, while they were taking their meals. Accused Satwinder Singh, Jugraj Singh, Bhullar, Sanjiv Goyal and four others called Harpreet Singh out. He was beaten and also gave him blows and kicks. The petitioner was granted bail and the matter was also settled between him and respondent No.2 and he left India as there was a terrorist threats to the petitioner and his family in the year 1990, but thereafter Police filed challan in this case and proceedings for declaring him as proclaimed offender were initiated, as the name and address of the petitioner was wrongly mentioned in the summons and proclamation. Learned Chief Judicial Magistrate commuted the case to Court of Session on 6.12.1999. Learned Additional Sessions Judge has found that no offence under Section 308 IPC is made out and Section 148 is also not attracted and the case was transferred under Section 228 Cr.P.C. to C.J.M.
(3.) LEARNED trial Court after considering the evidence acquitted all the coaccused of the petitioner. Now respondent No.2 has sworn an affidavit and executed a compromise deed in which he has stated that he has compromised the matter with the petitioner and he has no objection if the FIR is cancelled/quashed, copies of which are annexed as Annexures -P.9 and P.10. On 28.10.2013, learned trial Court was directed to send a report with regard to the genuineness/validity or otherwise of the compromise after recording the statements of all the concerned parties. In compliance of the above, the learned Chief Judicial Magistrate, Chandigarh has sent his report vide letter dated 22.11.2013, wherein statements of complainant Harpreet Singh and accused -petitioner have been recorded. The complainant has admitted the factum of compromise with the accused -petitioner. He has also admitted that said compromise was effected between them voluntarily and without pressure or undue influence of any body and he has no objection if above said FIR is quashed.;