MOHKAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.74 dated 3.6.2019 under Sections 323 , 447 , 506 , 148 , 149 IPC (Section 325 IPC added later on vide Rapat No.40 dated 19.6.2019), registered at Police Station Kotbhai, District Muktsar Sahib as well as all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 25.9.2020, the parties were directed to appear before the trial Court and the trial Court was directed to record the statements of the parties and submit a report regarding number of persons arrayed as accused in the FIR; whether any accused is proclaimed offender; whether the compromise is genuine, voluntary and without any coercion or undue influence and whether any accused person is involved in any other FIR. The trial Court was also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR Report dated 27.11.2019 has been submitted by the Judicial Magistrate 1st Class, Gideerbaha, wherein it has been reported that statements of the parties have been recorded and statements made by the parties in the Court reveal that they have entered into compromise voluntarily without any coercion. Therefore, the compromise is genuine.

(3.) The trial Court has also recorded the statement of the Investigating officer/ASI Harraj Singh, wherein he has stated that none of the accused has been declared a proclaimed offender and no other FIR is pending against them. He also stated that there are three victims/complainants in the present FIR.