MANU/SC/0235/2014

True Court CopyTM EnglishILR-Ker KLJ

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 686/2014 (Arising out of SLP (Crl.) No. 9547 of 2013)

Decided On: 27.03.2014

Appellants: Narinder Singh and Ors. Vs. Respondent: State of Punjab and Ors.

Hon'ble Judges/Coram:
K.S. Panicker Radhakrishnan and A.K. Sikri

JUDGMENT

A.K. Sikri, J.

1. The present Special Leave Petition has been preferred against the impugned judgment/final order dated 8.10.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Miscellaneous Petition No. 27343/2013. It was a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") for quashing of FIR No. 121/14.7.2010 registered under Sections 307/324/323/34, Indian Penal Code, on the basis of compromise dated 22.7.2013 entered into between the Petitioners (who are accused in the said FIR) and Respondent No. 2 (who is the complainant). The High Court has refused to exercise its extraordinary discretion invoking the provisions of Section 482 of the Code on the ground that four injuries were suffered by the complainant and as per the opinion of the Doctor, injury No. 3 were serious in nature. The High Court, thus, refused to accept the compromise entered into between the parties, the effect whereof would be that the Petitioners would face trial in the said FIR.

2. Leave granted.

3. We have heard counsel for the parties at length.

4. It may be stated at the outset that the Petitioners herein, who are three in number, have been charged under various provisions of the Indian Penal Code including for committing offence punishable under Section 307, Indian Penal Code i.e. attempt to commit murder. FIR No. 121/14.7.2010 was registered. In the aforesaid FIR, the allegations against the Petitioners are that on 9.7.2010 at 7.00 A.M. while Respondent No. 2 was going on his motorcycle to bring diesel from village Lapoke, Jasbir Singh, Narinder Singh both sons of Baldev Singh and Baldev Singh son of Lakha Singh attacked him and injured him. Respondent No. 2 was admitted in Shri Guru Nanak Dev Hospital, Amritsar. After examination the doctor found four injuries on his person. Injury No. 1 to 3 are with sharp edged weapons and injury No. 4 is simple. From the statement of injured and MLR's report, an FIR under Sections 323/324/34 Indian Penal Code was registered. After X-ray report relating to injury No. 3, Section 307 Indian Penal Code was added in the FIR

5. After the completion of investigation, challan has been presented in the Court against the Petitioners and charges have also been framed. Now the case is pending before the Ld. Trial Court, Amrit........