SANJEEVAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioner, the accused in FIR No.372 dated 27.09.2007 (Annexure P -1) registered under Sections 498A, 406, 420, 380 and 34 of the Indian Penal Code (for short, 'the IPC'), at Police Station, City, Faridkot, seeks quashing of the aforesaid FIR saying that the matter has been amicably settled between him and complainant/respondent No.2 as evidenced by the compromise deed dated 02.12.2013 (Annexure P -2) as well as affidavit of respondent No.2 dated 07.12.2013 (Annexure P -3).

(2.) WHILE issuing notice of motion, trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Trial Court has submitted a report dated 21.01.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Complainant/respondent No.2, who is being represented by a counsel, has no objection if the afore -stated FIR and proceedings arising therefrom are quashed and it is admitted on her behalf that she has settled the matter with the petitioner by way of the compromise. State also does not object to quashing of the afore -stated FIR.

(3.) REFERENCE may also be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007(3) RCR(Crl.) 1052:2007(3) PLR 439:2007(2) ILR (Punjab) 338:2007(3) AICLR 818:2007 (4) CCR 280:2007(59) AIC 435:2007(4) CTC 769: 2007(4) KLT 245, wherein it has been held as under: