[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 16.11.2016 [ENTITY] Petitioner (s) V/s [ENTITY] & others Respondent(s) CORAM:- HON'BLE MR. JUSTICE [ENTITY] Present:- Mr.[ENTITY], Advocate for the petitioners. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate for respondents No.2 to 4. [ENTITY], J.(Oral)
Prayer in this petition filed under [SECTION] [ACT] is for quashing of FIR No.184 dated 19.12.2015 for offence under [SECTION] [ACT], registered at Police Station Model Town, Ludhiana and all consequential proceedings arising thereto on the basis of compromise dated 04.02.2016 (Annexure P-2).
This Court vide orders dated 05.05.2016 and 20.07.2016 had directed the parties to appear before Illaqa Magistrate/the trial Court to get their statements recorded with regard to compromise and the Illaqa Magistrate/the trial Court was directed to submit its report qua the genuiness of the compromise.
Pursuant to the aforesaid orders, the parties have appeared before learned Judicial Magistrate Ist Class, Ludhiana and got their For Subsequent orders see CRM-21404-2016 1 of 3 statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded report dated 05.08.2016 and 15.11.2016 to the effect that the parties have willfully settled their differences and reached at a bona fide compromise without any pressure and the same is genuine.
Joint statement made by complainant-respondent No.2, namely, [ENTITY] and injured in the case i.e. respondents No. 3, namely, [ENTITY] before the Magistrate on 02.08.2016, reads as under:-
"Stated that we have compromise the matter with the accused with the intervention of the respectable member of the society and we are giving our statement regarding the compromise in present court on our free will and without any coercion whatsoever. We do not want to pursue with the present case and we have no objection if the present FIR is quashed."
Apart from the above statement, respondent No.4-[ENTITY] has also made similar statement whereby she has shown no objection to the FIR being quashed, there is nothing on record to doubt the genuineness of the compromise, as arrived between the parties. Thus, no useful purpose would be served to continue with the proceedings in the instant FIR.
Learned State counsel as well as learned counsel for respondents No.2 to 4 do not dispute the factum of compromise entered between the parties.
Accordingly, following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others v. [ENTITY] and another, 2007 (3) RCR (Criminal) 1052 (P&H), as approved by the Hon'ble Supreme Court in Gian Singh vs. [ENTITY] and others, (2012)10 SCC 303, this petition is allowed and FIR No.184 dated For Subsequent orders see CRM-21404-2016 2 of 3 19.12.2015 for offence under [SECTION] [ACT], registered at Police Station Model Town, Ludhiana and all consequential proceedings arising therefrom and all consequential proceedings arising therefrom, are quashed, qua the petitioners, in view of the compromise dated 04.02.2016 (Annexure P-2).
16.11.2016 [[ENTITY]] Anjal JUDGE Whether speaking/reasoned? Yes Whether reportable? Yes/No For Subsequent orders see CRM-21404-2016 3 of 3