LAWS(P&H)-2015-2-785

BALBIR SINGH Vs. STATE OF PUNJAB

Decided On February 25, 2015
BALBIR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.76 dated 7.5.2014, registered under Sections 420,120 -B IPC of the Indian Penal Code (for short 'the IPC'), at Police Station Dina Nagar, District Gurdaspur, Punjab (Annexure P -1/T) on the basis of compromise/affidavit of the complainant attested on 8.7.2014 (Annexure P -2/T).

(2.) VIDE order dated 17.11.2014, Magistrate having the jurisdiction was directed to record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise/affidavit of complainant dated 8.7.2014 and to sent its report to this Court. In compliance thereof, report of Judicial Magistrate 1st Class, Gurdaspur dated 19.12.2014 has been received, wherein, it has been noticed that " from the statements of the complainant/respondent Raghubir Kaur and accused/petitioner Balbir Singh, this Court comes to the conclusion that compromise has been effected inter -se between the parties and these parties have entered into the compromise without any pressure". Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and another, 2012 4 RCR(Cri) 543, has observed as under: -

(3.) IN Narinder Singh and Others Vs. State of Punjab and Another, 2014 6 SCC 466, it has been observed thus: -