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2015 DIGILAW 1113 (PNJ)

Ajmer Singh v. State of Punjab

2015-05-29

HARI PAL VERMA

body2015
JUDGMENT Hari Pal Verma, J. (Oral) - Prayer in the present petition is for quashing of FIR No.33, dated 07.03.2011, under Sections 406 and 498-A, IPC, registered at Police Station Sadar, Ferozepur (Annexure P/1) on the basis of compromise/settlement agreement dated 20.2.2015 (Annexure P/3) alongwith consequential proceedings arising therefrom. 2. On April 30, 2015, this Court has passed the following order:- "Through the present petition filed under Section 482 Cr.P.C, the petitioner has prayed for quashing of FIR No. 33, dated 07.3.2011, under Sections 406 and 498-A IPC, registered at Police Station Sadar, Ferozepur (Annexure P-1) and all the proceedings subsequent arising thereto on the basis of compromise/settlement agreement dated 20.02.2015 (Annexure P-3). Notice of motion for 29.05.2015. The parties are directed to appear before the Trial Court for recording their respective statements with regard to compromise/settlement on 08.5.2015. The Trial Court is directed to submit a report on or before the next date of hearing containing the following information as well:- (i) number of persons arrayed as accused in FIR. (ii) whether any accused is proclaimed offender. (iii) whether the compromise is genuine, voluntary, and without any coercion or undue influence." 3. In compliance of the above order passed by this Court, the Addl. Chief Judicial Magistrate, Ferozepur, has submitted a report dated 14.5.2015 vide which it is mentioned that parties have appeared before the trial Court and gave their statements without any pressure and with their free will in respect of compromise effected between them. 4. Learned State counsel has also admitted the factum of compromise effected between the parties. After perusing the statements of the parties and the report of Addl.Chief Judicial Magistrate, Ferozepur, learned State counsel submits that he has no objection if the impugned FIR is quashed. Heard. 5. The petitioner has been booked for having committed the offence punishable under Sections 406 and 498-A, IPC. He has now amicably effected the compromise with the complainant. The learned Addl.Chief Judicial Magistrate, Ferozepur has recorded the statements of the parties with regard to compromise and the report has also been received in this regard. Therefore, continuation of the trial arising out of the impugned FIR would be a sheer abuse of the process of law because chances of conviction are bleak. 6. The learned Addl.Chief Judicial Magistrate, Ferozepur has recorded the statements of the parties with regard to compromise and the report has also been received in this regard. Therefore, continuation of the trial arising out of the impugned FIR would be a sheer abuse of the process of law because chances of conviction are bleak. 6. Keeping in view the factum of the compromise effected between the private parties and the law laid down by Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal), 1052, (P&H), this petition is accepted and FIR No.33, dated 07.03.2011, under Sections 406 and 498-A, IPC, registered at Police Station Sadar, Ferozepur (Annexure P/1) along with consequential proceedings arising therefrom, are quashed.