JASWANT RAI 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 FIR No. 67 dated 14.06.2014, under Sections 323 , 436 , 447 , 427 , 506 and 34 of the IPC, registered at Police Station Garhshankar, District Hoshiarpur (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of the compromise (Annexure P-2) entered into between the parties.

(2.) A report dated 16.05.2019 has been submitted by the Additional Sessions Judge, Hoshiarpur, wherein it has been reported that statement of the petitioners and respondent No.2 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 reported that there were total five accused including petitioners herein, out of whom, one accused namely Surinder Pal @ Nepali is a proclaimed offender and one accused namely Hari Ram has died. It is further reported that there is no other complainant/victim in this FIR except the present one.

(3.) Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, has held as under:-