Jassmine Kaur @ Jasmine Kaur vs State of Punjab and Others

Amol Rattan Singh, J.—This petition has been filed for quashing of FIR No. 91, dated 18.08.2012, registered under Sections 279/304A/338 and 427 IPC, at Police Station Mehtiana, District Hoshiparpur, on the basis of a compromise arrived at between the parties, i.e. Petitioner and respondents No. 2 to 4. Vide order dated 11.01.2013, notice had been issued by a Co-ordinate Bench of this Court. The learned trial Court was also directed to record the statement of parties and send its report as to whether the compromise has been arrived at between the parties voluntarily or otherwise. Report of the learned Judicial Magistrate Ist Class, Hoshiarpur, dated 16.03.2013, has been received, to the effect that the statements of respondents No. 2 to 4 have been recorded and that the compromise had been arrived at voluntarily. The statement of the mother of the deceased, i.e. wife of respondent No. 4 was also ordered to be recorded subsequently, by this Court. The said statement has also been recorded and the report dated 24.05.2013, has also been received, whereby learned Judicial Magistrate Ist Class, Hoshiarpur, has recorded her satisfaction that it is a voluntary statement. As such, all the respondents, as also Smt. Gurmeet Kaur, wife of respondent No. 4, have no objection if the FIR in question is quashed.

In view of the fact that the parents of the deceased, as also the injured person, i.e. respondent No. 3, Sohan Singh, have voluntarily recorded their statements that they do not want to proceed further with any criminal proceeding against the petitioner, and also keeping in view the ratio of the judgment of the Hon''ble Supreme Court in the case of Gian Singh Vs. State of Punjab and Another, and the judgment of a Full Bench of this Court, in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, this petition is allowed. FIR No. 91 dated 18.08.2012, registered under Sections 279/304A/338 and 427 IPC, at Police Station Mehtiana, District Hoshiparpur, and all subsequent proceedings, arising therefrom, is quashed.