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Judgment
The petitioners have filed this petition under Section 482 Code
of Criminal Procedure (for short, '' Cr.P.C .'') seeking quashing of FIR No. 187
dated 20.12.2014 (Annexure P-1) along with all consequential proceedings
arising therefrom, registered for offence punishable under Section 420 read
with Section 120-B of Indian Penal Code (for short '' IPC '') at Police Station
Moga Sadar, District Moga, on the basis of the compromise by way of
affidavit of complainant (Annexure P-2).
As per the allegations, both the petitioners received a sum
of Rs.12,65,000/- on different dates from the complainant, Raj Kaur for
getting her son exonerated in a case registered against him at Police
Station Kot Ise Khan, Moga.
Learned counsel for the petitioners submits that the matter has
since been settled vide compromise by way of affidavit of complainant,
copy of which has been placed on file as Annexure P-2.
Learned State counsel has also not disputed compromise by
way of affidavit of complainant (Annexure P-2).
In order to verify the veracity and genuineness of the settlement
between the parties, they were directed to appear before the trial court and
get their statements recorded. The trial court has sent its report dated
18.09.2017 stating therein that the compromise has been effected between
the complainant and the accused which appears to be voluntary in nature
and without any pressure or influence.
Keeping all the above facts in view, I am of the considered
opinion that it is a fit case in which the impugned FIR should be quashed.
Keeping the case pending will not serve the ends of justice. The quashing
of the FIR will provide the parties to this petition an opportunity to live in
an amicable, peaceful and harmonious atmosphere which is not only in the
interest of the parties but also for their families and ultimately the society at
large.
For the reasons as discussed above, the instant petition is
allowed and the impugned FIR 187 dated 20.12.2014 (Annexure P-1)
registered for offences punishable under Section 420 read with Section 120-
B IPC at Police Station Moga Sadar, District Moga along with all
consequential proceedings arising therefrom, qua petitioners, is quashed.