RAJINDER KUMAR 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. 217 dated 10.8.2012 under Sections 406, 420, 381, 467, 471 of the Indian Penal Code (for short, the IPC), recorded at Police Station Sadar Jalandhar seek quashing of the FIR saying that the matter has been amicably settled between them and the Complainants as evidenced by the deed of compromise dated 14.9.2012( Annexure P2).

(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 11.12.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.

(3.) THE Complainant also has no objection if the FIR and proceedings arising therefrom are quashed. From the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 3 RCR(Cri) 1052, wherein it has been held as under: