LAWS(P&H)-2019-12-295

BOHAR SINGH Vs. STATE OF PUNJAB

Decided On December 16, 2019
BOHAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No.50 dated 3.7.2018 under Section 307, 506 read with Section 25/27 of the Arms Act, Police Station Ghuman Kalan Tehsil and District Gurdaspur, as well as all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 16.10.2019, the parties were directed to appear before the trial Court and the trial Court was directed to furnish the information 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; whether the accused persons are involved in any other FIR or not?; and the trial Court is 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 28.11.2019 have been submitted by the District and Sessions Judge, Gurdaspur, wherein it has been reported that statements of the petitioner 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 Sham Sunder, wherein he has stated that Bohar Singh is only arrayed as an accused and he is not a proclaimed offender. He further stated that Hardev Singh and Sarabjit Kaur are the victims in the present case.