TRILOCHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have filed the present petition under section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 81 dated 12.10.2016, under Sections 307, 452, 323, 148, 149 of the Indian Penal Code, 1860 ('IPC' for short), and Section 25/27 of the Arms Act, 1959 ('Act' for short) (Annexure P1) and all consequential proceedings arising therefrom, on the basis of compromise dated 15.10.2016 (Annexure P2).

(2.) Vide order dated 7.11.2016, a direction was given to the trial Court/Illaqa Magistrate to record the statements of the parties and submit a report regarding the genuineness of the compromise effected between the parties and whether any proclamation proceedings is pending against either of the parties.

(3.) In pursuance thereof, the trial Court has submitted a report dated 7.2.2017 (forwarded by District and Sessions Judge on 9.2.2017), after recording the statements of the parties, that the complainant-Kuldeep Singh and injured Darshan Singh and Harjinder Sngh and accused-Tarlochan Singh, Gurpreet Singh, Harjit Singh, Deepa Singh @ Gurdeep Singh, Gurjinder Pal Singh and Mitarpal Singh have appeared along with their respective counsel, who had identified them and got their statements recorded acknowledging that the compromise had been effected voluntarily, without any coercion or any undue influence and no proclamation proceedings are pending against the accused. This fact is not disputed by learned State Counsel, who has submitted, on instructions from Assistant Sub Inspector-Malkiat Singh that the petitioners are not the proclaimed offenders.