LAWS(P&H)-2020-1-66

INDERJIT SINGH MAGGO Vs. STATE OF PUNJAB

Decided On January 16, 2020
Inderjit Singh Maggo Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.80 dated 22.03.2013 under Sections 341/354, 506 IPC registered at Police Station Mandi Gohindgarh, District Fatehgarh Sahib and subsequent proceedings arising therefrom.

(2.) Learned counsel has submitted that though earlier also, the matter was compromised between the parties at different times, but for one reason or the other, the complainant is avoiding to adhere to the terms of such compromises. Now, the parties have finally compromised the matter and accordingly, a compromise deed dated 07.01.2020, which has been attested by the Notary Public today itself i.e. 16.01.2020, has been entered between the parties. He further submits that though while filing CRM-772- 773-2020, the said compromise was attached, however the same may have been detached therefrom, while the applications were scanned by the office. He has produced another copy of the compromise dated 07.01.2020, which is signed by both the parties, including the witnesses namely Balwinder Khatra son of Late Shri Ram Sarup, MC, Ward No.24, Mandi Gobindgarh and Deepak Kumar son of Sh. Om Parkash, who is maternal uncle of the complainant. He has also filed individual affidavits of the petitioner and the complainant, reiterating the fact that the matter has been compromised between the parties without there being any pressure or coercion upon the parties. The compromise deed along with affidavits of the petitioner and respondent no.2 produced in the Court are taken on record.

(3.) Though the prayer in this petition is for quashing of the FIR on merits, but now, since the matter has been compromised between the parties vide compromise deed dated 07.01.2020, which is supported by the affidavits of the parties, this Court finds that there is no impediment for this Court to quash the present FIR, having regard to the provisions of Sections 482 CrPC. The contents of the affidavit of the complainant dated 16.01.2020, as furnished by the complainant, is reproduced as under:-