GURPREET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No. 101 dated 02.05.2005, registered under Sections 341 and 427 of the Indian Penal Code at Police Station Nawanshahr (Annexure P-1) as well as order dated 24.12.2007 (Annexure P-2), declaring the petitioner as a proclaimed offender, and all the subsequent proceedings arising therefrom, on the basis of the compromise (Annexures P-3 and P-4), entered into between the parties.

(2.) Vide order dated 10.05.2018, the parties were directed to appear before the trial Court and the trial Court was directed to record the statements of the parties and submit a report regarding number of persons arrayed as accused in the FIR; whether any accused is proclaimed offender; whether the compromise is genuine, voluntary and without any coercion or undue influence and whether any accused person is involved in any other FIR. The trial Court was also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. Thereafter, on 14.09.2018, the petitioner was directed to deposit a cost of '2 Lakh before the Illaqua Magistrate/trial Court on account of delaying the proceedings before the trial, which was caused due to the fact that petitioner was declared a proclaimed offender, vide impugned order dated 24.12007 (Annexure P-2).

(3.) In pursuance to the above direction, the trial Court has submitted a report on 30.07.2018 and as per the said report, the trial Court has recorded the statement of Ajit Singh (grandfather of the petitioner), wherein he has stated that there is a valid compromise Ex. C-1 between the parties. It is further stated in the report that the said compromise has been effected through respondent No. 3 Varinder Kaur who is the mother of respondent No. 2 and the compromise deed dated 21.10.2016 bears the thumb impression of Ajit Singh and signatures of Numberdar Jog Raj and Sarpanch Paramjit, who are the witnesses to the compromise. The trial Court has also recorded the statement of aforesaid Jog Raj and Paramjit who have stated that they are the witnesses to the compromise Ex. C-1. The trial Court has also recorded the statement of respondent No. 3 Varinder Kaur, mother of respondent No. 2, who has also supported the compromise and has stated that the same has been effected between the parties voluntarily and of their own free will without any coercion or undue influence.