HARMANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioner, the accused, in First Information Report (for short, FIR) No. 127, dated 2.6.2011, under Section(s) 382, 452, 323, 148, 149 and 427 of the Indian Penal Code (for short, the IPC), Police Station "A" Division Amritsar, seeks quashing of the FIR saying that the matter has been amicably settled between them and the Complainant/Victim as evidenced by the deed of compromise, Annexure P/1.

(2.) WHILE issuing notice of motion, the jurisdictional Magistrate/ 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. The jurisdictional Magistrate/trial Court has submitted a report dated 6.11.2013, affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.

(3.) IT may also be of benefit to extract from Gian Singh v. State of Punjab, (SC)2012(4) Recent Apex Judgments (RAJ) 549:2012(4) RCR (Crl.) 543:2012(5) CTC 526:2012 Ker.LJ 141:2012(4) KLT 108:2012(4) Law Herald (SC) 3025:2012(5) Knt.LJ 476: 2012(4) Cri.CC 774:2012 (10) SCC 303:2012 AIR (SC)(Cri) 1796: 2012(CriLJ 4934:2012(4) AICLR 551:2012(4) Crimes (SC) 155:2012(9) SCALE 257:2012(2) WLC (SC) Criminal 753, following observations of the Hon'ble Supreme Court of India: