[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision:-27.10.2016 [ENTITY] Petitioner Versus [ENTITY] and others Respondents CORAM:- HON'BLE MR. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate for the petitioner. Mr. [ENTITY], Deputy A.G., Punjab. Mr. [ENTITY], Advocate for respondents No.2 and 3. [ENTITY] J.(Oral)
Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.20 dated 20.2.2012, under [SECTION], [SECTION], [SECTION] [ACT] ([SECTION] [ACT] added later on vide Rapat No.15 dated 6.4.2012 and further [SECTION] [ACT] was added by deleting [SECTION] and [SECTION] [ACT] vide Rapat No.27 dated 21.1.2013), registered at Police Station Dayalpura, Tehsil Phul, District Bhatinda (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of compromise dated 7.6.2016 (Annexure P-2).
Notice of motion.
1 of 4 On asking of the Court, Mr. [ENTITY], Deputy A.G., Punjab accepts notice on behalf of respondent No.1-[ENTITY]. Mr. [ENTITY], Advocate has put in appearance and filed power of attorney on behalf of respondents No.2 and 3. Same is taken on record. Learned counsel for the petitioner is directed to hand over requisite number of copies of paper book to learned counsel for the respondents during the course of the day.
Vide order dated 13.7.2016, passed in the connected petition i.e. [CASE NUMBER] titled 'Kuljit and another vs. [ENTITY] and others', this Court had directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded and the learned Magistrate was directed to forward a report about the genuineness of the compromise to this Court.
In compliance of the order dated 13.7.2016 passed in the connected case, the parties have appeared before the learned Magistrate on 29.8.2016 for getting their statements recorded.
The report dated 19.9.2016 received from the learned Judicial Magistrate 1st Class, Phul in the said connected case reveals that the compromise has been effected between the parties without any undue pressure.
The statement made by complainant [ENTITY] before the JMIC, Phul, on 29.8.2016 in [CASE NUMBER] reads as under :-
"[ENTITY]d that FIR No.20 dated 20.2.2012, under [SECTION], [SECTION], [SECTION] [ACT], P.S. Dialpura was got registered by me against [ENTITY] son of Gurdit 2 of 4 Singh, [ENTITY] son of [ENTITY], [ENTITY] son of [ENTITY], [ENTITY] wife of [ENTITY] and some unknown persons including [ENTITY] son of [ENTITY]. Now, the matter has been compromised between me and accused persons with the intervention of panchayat and common friends. Now, I do not want to proceed with the case against the above said accused. Copy of compromise is Ex.CX on which I identify my signatures. I have compromised the matter without any pressure, inducement threat or promise. I have no objection if FIR in question is quashed and above said accused be acquitted."
[ENTITY]ment of [ENTITY], who was injured and mother of the complainant was also recorded on the same day before the JMIC, Phul to the same effect as of complainant.
Learned counsel appearing for respondent Nos.2 and 3 does not dispute the fact of compromise effected between the parties.
Learned [ENTITY] counsel also does not dispute the aforesaid factual position, rather admits the factum of compromise effected between the parties.
Heard.
Since the parties have entered into a compromise and learned Magistrate has recorded their statements followed by his report, continuation of the trial arising out from the impugned FIR and consequential proceedings would be sheer abuse of the process of law since chances of conviction are bleak.
In view of the statements recorded and the report received by 3 of 4 the learned Magistrate in the connected petition i.e. [CASE NUMBER], wherein the complainant [ENTITY] has made a statement that she has no objection in case the present FIR is quashed qua the petitioners (including the petitioner in the case in hand) and the law laid down by this Court in the case of Kulwinder Singh and others vs. [ENTITY] and another 2007(3) RCR (Crl.) 1052 (P & H) and as approved by Hon'ble Supreme Court in Gian Singh vs. [ENTITY] and others, (2012)10 SCC 303, the present petition is allowed and FIR No.20 dated 20.2.2012, under [SECTION], [SECTION], [SECTION] [ACT] ([SECTION] [ACT] added later on vide Rapat No.15 dated 6.4.2012 and further [SECTION] [ACT] was added by deleting [SECTION] and [SECTION] [ACT] vide Rapat No.27 dated 21.1.2013), registered at Police Station Dayalpura, Tehsil Phul, District Bhatinda and the consequential proceedings arising therefrom are hereby quashed qua petitioner on the basis of compromise.
October 27, 2016 ( [ENTITY] ) [ENTITY] JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 of 4