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Judgment
Harpreet Kaur Jeewan, J
The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0200 dated 13.11.2015, under Sections 452, 354, 323, 324, 341, 506, 34 and 201 IPC, registered at Police Station Daba, Ludhiana (Annexure P-1), and all subsequent proceedings arising therefrom, on the basis of affidavits of petitioners and respondents No.2 to 7 dated 15.01.2024 (Annexures P-3 and P-4).
On 13.02.2024, following order was passed by the co-ordinate Bench of this Court:-
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Learned counsel for the petitioners inter alia submits that the present case is a case of version and cross-version. Learned counsel submits that on 12.11.2015 an altercation took place between the private parties and injuries have been caused to both sides. Now, in order to live peacefully, parties have entered into compromise, which is in the shape of affidavits dated 15.1.2024 (Annexures P-3 and P-4), according to which, both the parties have agreed not to proceed further with the FIR in question. It is further submitted that the petitioners have never been declared as proclaimed offenders.
Notice of motion.
On the asking of Court, Mr. Prabhdeep Singh Bhandari, AAG, Punjab, accepts notice on behalf of respondent No.1-State; whereas Mr. Sidhant Bhonsle, Advocate, present in Court accepts notice on behalf of respondents No.2 to 7 and submits Vakalatnama, which is taken on record.
Learned counsel for respondent No.1-State as well as learned counsel for respondents No.2 to 7 have not disputed the aforesaid submissions made by learned counsel for the petitioners and the factum of compromise effected between the parties.
In view of the above, the parties are directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise in the shape of affidavits dated 15.1.2024 (Annexures P-3 and P4), on 29.2.2024 by moving an appropriate application or by presenting this order.
The trial Court/Illaqa Magistrate is directed to submit the report on or before the next date of hearing i.e. 17.5.2024 containing the following information:-
Number of persons arrayed as accused in the FIR;
Whether any accused is a proclaimed offender;
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 so as to know how many victims/complainants are there in the FIR and all the victims/complainant as well as accused are party to the compromise in question.
A copy of the report be sent through FAX, to the Registrar (Judicial) of this Court.
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In compliance of the above order, a report dated 07.05.2024 has been received from the Judicial Magistrate 1st Class, Ludhiana, through District and Sessions Judge, Ludhiana, as per which, the compromise between the parties is genuine and arrived at with free will of the parties and without any pressure or coercion from anyone.
In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in “Narinder Singh and others vs. State of Punjab and another”, (2014) 6 SCC 466, “Ramgopal and another Vs. State of Madhya Pradesh 2021”; SCC OnLine SC 834 and “Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others; (1980) 1 SCC 63 and Full Bench of this Court in “Kulwinder Singh Vs. State of Punjab 2007”; (3) RCR (Crl.) 1052, this petition is allowed and FIR No.0200 dated 13.11.2015, under Sections 452, 354, 323, 324, 341, 506, 34 and 201 IPC, registered at Police Station Daba, Ludhiana (Annexure P-1) and all subsequent proceedings arising out of the same are quashed, qua the petitioners.
All the pending miscellaneous applications, if any, shall stand disposed of.