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Judgment
Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Code of Criminal Procedure seeking quashing of FIR No. 38 dated 7.7.2004, registered at Police Station Balian Wali, under Sections 323, 324, 427, 148 and 149 IPC on the basis of compromise arrived at between the parties.
The Petitioners were tried in the above said case and after the conclusion of trial, they were convicted and sentenced by the trial Court. Aggrieved against the same, the Petitioners have filed an appeal which is pending before the Additional Sessions Judge, Bathinda.
Mr. Ram Pal Verma, Advocate, appearing for learned Counsel for the Petitioners, submits that all the offences are compoundable except the offence u/s 148 IPC. He further submits that once the substantive offences are compoundable, Section 148 IPC cannot stand alone and such a composition ought to be granted by the Appellate Court.
This Court is of the view that since the appeal is pending, the remedy for the Petitioners is to file an application for composition before the Appellate Court. As and when such an application is filed, due consideration shall be granted by the Appellate Court considering the provisions of law. Otherwise also, the Courts have also held that compromise is a finest hour between the parties and if such an application is filed, the Appellate Court can always take into consideration the factum of compromise for releasing the Petitioners on probation or awarding such a sentence which will serve the ends of justice.
With the observations made above, the present petition is disposed of.