Research › Search › Judgment

Punjab High Court · body

2012 DIGILAW 291 (PNJ)

Gurdeep Kaur v. State of Punjab

2012-02-21

RAKESH KUMAR GARG

body2012
JUDGMENT Rakesh Kumar Garg, J 1. This order shall dispose of two petitions being Crl. Misc. No.M-35931 of 2011 and Crl. Misc. No.M-35704 of 2011, as both have arisen out of the common FIR and cross-version has CRM No.M-35931 of 2011 been registered. However, for brevity, facts have been noticed from Crl. Misc. No.M-35931 of 2011. 2. Petitioners are facing trial in FIR No.14 dated 28.1.2006 U/Ss 323/324/148/149/34 IPC, P.S. Anandpur Sahib. 3. Cross-version of the case was also registered against respondents No.2 and 3. The petitioners as well as respondents No.2 and 3 have filed these two petitions i.e. Crl. Misc. No.M-35931 of 2011 and Crl. Misc. No.M-35704 of 2011 for quashing of the aforesaid FIR and the cross-version on the basis of compromise. 4. On January 18, 2012, following order was passed by this Court:- “The petitioners are seeking quashing of FIR No.14 dated 28.1.2006 u/ss 323/324/148/149/34 IPC registered at P.S. Anandpur Sahib, District Ropar on the basis of compromise (Annexure P-2). It may be noticed that there is cross-version of the case which was also registered against respondents Nos.2 and 3. The aforesaid respondents have also filed Criminal Misc. No.35704-M of 2011 for quashing of the cross-case in the said FIR filed against them, also on the basis of compromise. Let the parties appear before the trial Court on 27.1.2012 and get their statements recorded in support of the compromise, as alleged. The trial Court shall submit its report with regard to the fact as to whether the statements have been made by the parties voluntarily and without any pressure, before the next date of hearing. List on 21.2.2012.” 5. In pursuance of the aforesaid order, the report of the SDM Anandpur Sahib has been received which reads thus:- “Subject: Report regarding compromise. Ref.: Crl.Misc. No.M-35931 of 2011 (O&M) titled as “Gurdeep Kaur and others Vs. State of Punjab and etc.” pending for 21.2.2012 before Hon'ble High Court. Sir, Most respectfully with reference to the order dated 18.01.2012 of Hon'ble High Court passed in Crl. Misc. No.M-35931 of 2011, it is submitted that the case FIR No.14 dated 28.01.2006 Under Section 323, 324, 148, 149/34 IPC P.S. Anandpur Sahib, titled as State Vs. Gurdeep Kaur and others is pending in this Court for today i.e. 27.01.2012. Sir, Most respectfully with reference to the order dated 18.01.2012 of Hon'ble High Court passed in Crl. Misc. No.M-35931 of 2011, it is submitted that the case FIR No.14 dated 28.01.2006 Under Section 323, 324, 148, 149/34 IPC P.S. Anandpur Sahib, titled as State Vs. Gurdeep Kaur and others is pending in this Court for today i.e. 27.01.2012. The accused Gurdeep Kaur, Bhupinder Singh, Jaswinder Singh, Hari Singh, Kaushalya Devi, Shamsher Singh Surinder Singh and complainant Avtar Kishan and his wife Jaswinder Kaur appeared in the Court on 27.1.2012. Complainant made statement that they have arrived at compromise with accused Gurdeep Kaur and others due to intervention of respectables of village, voluntarily and without any pressure. Similar statement was given by accused Gurdeep Kaur, Bhupinder Singh, Jaswinder Singh, Hari Singh, Kaushalya Devi, Shamsher Singh Surinder Singh. Keeping in view all aspects, I am of the considered view that the accused and the complainant have arrived at compromise voluntarily and without any pressure from any side and their compromise is genuine one. Report is submitted. With regards.” 6. Keeping in view the fact that the parties have compromised with the intervention of the respectables of the village voluntarily without any pressure and they belong to the same family, which is not only for their own benefit, but also helpful in maintaining peace in the area, the FIR in question is quashed. The parties shall be bound by their statements made before the trial Court.