HEERA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by petitioner Heera Singh under Section 482 Cr.P.C. for quashing of FIR No.117 dated 26.2.2008 (Annexure -P.1) registered on the complaint of Jaswant Rai -complainant (respondent No.2) for the offences under Sections 304 -A, 279 and 427 IPC at Police Station Civil Lines, Amritsar, District Amritsar and all other subsequent proceedings arising therefrom, on the basis of compromises dated 16.10.2013 (Annexures -P.3 and P.4).

(2.) ON 28.10.2013, learned trial Court was directed to send a report with regard to the genuineness/validity or otherwise of the compromises (Annexure -P.3 and P.4) after recording the statements of all the concerned parties.

(3.) IN compliance of the above, the learned Judicial Magistrate Ist Class, Amritsar has sent her report vide letter dated 8.1.2014, wherein statements of Daman Sharma husband of deceased Saroj Sharma and accused -petitioner Heera Singh have been recorded. Affidavit dated 17.12.2013 of complainant Jaswant Rai has also been attached with the report. The complainant Jaswant Rai and Daman Sharma husband of deceased Saroj Sharma have admitted the factum of compromise with the accused -petitioner. It has been submitted that the said compromise is genuine one and has been effected between the parties voluntarily, without any force and coercion and they have no objection if above said FIR is quashed.