SAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present petition, filed under Sec. 482 Cr.P.C., the petitioners have prayed for quashing of FIR No. 33 dtd. 15/6/2016, under Ss. 323, 324, 326, 452, 427, 379, 148 and 149 of the IPC, registered at Police Station Khilchian, Police District Amritsar Rural (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of the compromise dtd. 7/3/2018 (Annexure P-2) entered into between the parties.

(2.) Vide order dtd. 4/12/2018, 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.

(3.) A report dtd. 7/1/2019 has been submitted by the Sub Divisional Judicial Magistrate, Baba Bakala Sahib, 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 recorded the statement of the Investigating Officer ASI Nishan Singh who has stated that initially, there were six accused persons, however, one accused Jugraj Singh has died and now there are total five accused persons, who are the present petitioners. It is also reported that none of the petitioners is a proclaimed offender.