PREETI BHANDARI 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. 33 dated 18.2.2017 under Sections 406 , 420 , 120-B of the Indian Penal Code, 1860 (' IPC ' for short) registered at Police Station City South, District Moga, Punjab (Annexure P1) and all consequential proceedings arising therefrom, on the basis of compromise on 17.11.2017 (Annexure P2) .

(2.) Vide order dated 7.12.2017, a direction was given to the trial Court to record the statements of the parties and submit a report regarding the genuineness of the compromise effected between the parties and also to intimate whether any accused is proclaimed offender.

(3.) In pursuance thereof, the trial Court has submitted a report dated 2.1.2018 (forwarded by the District and Sessions Judge Moga on 4.1.2018), after recording the statements of the parties. The trial Court has submitted that the complainant- Gurtej Singh Kainth and accused- Preeti Bhandari and Rakesh Kumar 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. This fact is not disputed by learned State Counsel,who has submitted, on instructions from Head Constable- Sukhpal Singh that none of them is declared a proclaimed offender.