LAWS(P&H)-2020-2-21

DILAWAR SINGH Vs. STATE OF PUNJAB

Decided On February 19, 2020
DILAWAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.106 dated 17.3.2015 under Sections 323, 324, 427, 148, 149, 34 IPC (Section 326 IPC added later on), registered at Police Station 'A' Division, Amritsar, District Amritsar as well as all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 30.9.2019, 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.

(3.) A report dated 15.11.2019 has been submitted by the Judicial Magistrate 1st Class, Amritsar, wherein it has been reported that statements of the petitioners and respondent No.2 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will. The trial Court has also recorded the statement of ASI Baldev Singh, wherein he has stated that there are two accused in the FIR and none of the accused has been declared a proclaimed offender. He further stated that there is only one complainant/victim in the present case.