RASHPAL 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 FIR No. 122 dated 05.10.2017, under Sections 420, 120-B of the IPC, registered at Police Station Sadar Nawanshahr, District S.B.S. Nagar (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of the compromise dated 16.02.2018 (Annexure P-2) entered into between the parties.

(2.) Vide order dated 18.09.2019, 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; 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 dated 31.10.2019 has been submitted by the JMIC, S.B.S. Nagar, 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, on the basis of the statement of ASI/IO Kuldeep Raj, has also reported that there is one more accused namely Sukhjinder Singh other than the petitioners, however, there is no other complainant/affected/aggrieved party other than respondent No. 2. It is also reported that the petitioners are not the proclaimed offenders.