LAWS(P&H)-2019-10-185

NACHATTAR SINGH Vs. STATE OF PUNJAB

Decided On October 03, 2019
NACHATTAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No. 04 dated 07.02.2012, under Sections 341, 323, 324, 325 and 34 of the IPC, registered at Police Station Tallewal, District Barnala (Annexure P-1) as well as the judgment dated 07.09.2017 (Annexure P-2) passed by the trial Court, and all the subsequent proceedings arising therefrom, on the basis of the compromise dated 13.05.2019 (Annexure P-3) entered into between the parties.

(2.) Vide order dated 09.07.2019, the parties were directed to appear before the lower appellate Court and the lower appellate 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 lower appellate 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 dated 26.08.2019 has been submitted by the Additional Sessions Judge, Barnala, wherein it has been reported that statement of the petitioners and respondent Nos. 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 lower appellate Court, on the basis of the statement of HC Sukhwinder Singh, has also reported that there is no other accused other than the petitioners nor there is any other complainant/affected/aggrieved party other than respondent Nos. 2 and 3.