GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of cross case DDR No.29 dated 28.12.2018 under Sections 324, 323, 326, 148, 149 IPC registered at Police Station Kalanaur in FIR No.130 dated 28.12.2018 under Sections 323, 324, 307, 148, 149 IPC (later on Section 307 IPC was deleted and 308 IPC was added) registered at Police Station Kalanaur, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 4.6.2019, 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; and whether the compromise is genuine, voluntary and without any coercion or undue influence.

(3.) A report dated 1.7.2019 has been submitted by the Judicial Magistrate 1st Class, Gurdaspur, wherein it has been reported that statements of the petitioner and respondents No.2 and 3 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will. The trial Court has also recorded the statement of Investigating Officer ASI Des Raj, wherein he has stated that there is only one complainant in the FIR. He has further stated that no accused has been declared a proclaimed offender or involved in any other case.