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Judgment
R.P. Nagrath, J.—The petition is for quashing of F.I.R. No. 187 dated 16.12.2003 registered under Sections 323/325/148/149 IPC and consequent proceedings on the basis of written compromise arrived at between the parties. Report has been received from the trial Court after recording statements of the parties alongwith copies of statements of respondent No. 2-complainant and all the petitioners. The trial Court has also sent the copy of compromise dated 18.04.2013 and copy of affidavit of Darbara Singh-respondent No. 2/complainant. It is also reported that compromise is voluntary and without any pressure or coercion.
As per the prosecution story the injury for attracting Section 325 of the I.P.C. was on the person of respondent No. 2/complainant. The other injured in this case is Sarabjit Singh who was inflicted simple hurts. Statement of Sarabjit Singh who is an accused in the cross-version in CRM No. M-14438 of 2013 was also recorded by the trial Court in that petition. Learned counsel for the parties submit that the occurrence took place in this case on account of land dispute which has since been finally settled between the parties.
In view of the statements and report of the trial Court and the following the principles laid down by the Full Bench judgment of this Hon''ble Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (criminal) 1052, approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, the instant petition is allowed and the F.I.R. and subsequent proceedings conducted on the basis thereof for offences under Sections 323/325/148/149 IPC are quashed. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
