Jeevan vs State Of Punjab And Others

Gurvinder Singh Gill, J

The petitioner has approached this Court seeking quashing of FIR No.84 dated 4.10.2016 registered at Police Station Sujanpur, District Pathankot under Sections 353, 186 and 34 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

The translated gist of the FIR reads as follows:-

"Prayer is that I am principal of M.M.M. School Ferozpur Kalan, on 04.10.2016 at about 10:09 Computer Teacher Rakesh Saini of our School was standing outside the gate for asking students to come inside, Jeevan son of Kunnan of village Firozpur Kalan alongwith the companions started manhandling and one teacher being manhandled, moral of all the Teachers came down, so legal action be done against them."

Although in the FIR offence under Sections 353 and 186 IPC were also mentioned but in view of the facts stated in the FIR, it will certainly be detabtable as to whether the alleged manhandling had been done so as to obstruct the complainant in discharge of official duties or as to whether it was done in personal capacity against injured Rakesh. In any case, the parties are stated to have compromised and it is not only the teacher, who had been manhandled, but even the principal of the institution i.e. respondent No.2, who has come forward to make the statement that the matter stands resolved amongst the parties.

Vide order dated 11.3.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Chief Judicial Magistrate, Pathankot has been received, wherein it has been reported that statements of petitioner/accused Jeevan Kumar and also of complainant Baldev Raj (Principal) and injured Rakesh Saini have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned Chief Judicial Magistrate, Pathankot has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.84 dated 4.10.2016 registered at Police Station Sujanpur, District Pathankot under Sections 353, 186 and 34 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.