LAWS(P&H)-2019-5-157

ARSHDEEP SINGH Vs. STATE OF PUNJAB

Decided On May 21, 2019
ARSHDEEP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.118 dated 20.11.2017 under Sections 354-A, 506 and 341 read with Section 34 IPC registered at Police Station Ghuman, Police District Batala, District Gurdaspur (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise deed dated 02.03.2019 (Annexure P-2).

(2.) The aforesaid FIR was registered at the behest of respondent No.3 Manpreet Singh, who is father of the victim. As per the FIR, respondent No.2-victim was studying in 9th class in Central Public Senior Secondary School, Ghuman and used to commute in the school bus. The petitioners were teasing her for the last many days. On 20.11.2017 at about 02.50 P.M., when the school bus was going from Ghuman to Udhanwali, then one motorcycle bearing registration No.PB-06AL-5769 Hero on which two boys were coming behind the bus, were doing mischief. While reaching near village Bhagatpur, they stopped the bus by stopping their motorcycle in front of the bus. They entered the bus and pulled the daughter of complainant from her arm and dragged her out. However, respondent No.4 Sukhpreet Singh @ Sukha, who was driving the bus, came forward and objected to the action of the accused- petitioners. Though the driver of bus rescued the girl, but the petitioners gave beatings to the driver also. The accused threatened that they will throw acid on the girl and will teach a lesson and will also break the legs of the driver.

(3.) This Court vide order dated 14.03.2019 had directed the parties to appear before the Illaqa Magistrate/trial Court to get their respective statements recorded with regard to compromise and the Court was directed to send its report qua genuineness of the compromise. Pursuant to the aforesaid order, the petitioners as well as respondent No.3-complainant, who is father of respondent No.2-victim, and respondent No.4, who is driver of the bus, have appeared before learned Judicial Magistrate 1st Class, Batala and got their statements recorded on 11.04.2019. On the basis of the statements so recorded by the parties, learned Magistrate has submitted the report dated 08.05.2019 to the effect that the parties have made an amicable settlement and have recorded their statements in the court without any fear, pressure, threat or coercion and out of their free will.