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2018 DIGILAW 1922 (PNJ)

Surjeet Singh v. State of Punjab

2018-04-26

MAHABIR SINGH SINDHU

body2018
JUDGMENT : MAHABIR SINGH SINDHU, J. 1. This order shall dispose off the aforementioned petitions as both these petitions have arisen out of the same occurrence. 2. Both the aforementioned petitions under section 482 Cr.P.C. are for quashing of FIR No.43 dated 30.05.2017, under Sections 452, 324, 323, 34 of the Indian Penal Code, registered at Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure P-1) as well as its cross-version recorded vide DDR No.61 dated 30.05.2017, under Section 323 of the Indian Penal Code, registered at Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure P-1) on the basis of compromise dated 24.01.2018 (Annexure P-2) arrived at between the parties along with all subsequent proceedings arising from that FIR and cross-version. 3. Heard both the sides. 4. Both the parties were directed by this Court vide order(s) dated 16.02.2018 to appear before the learned Illaqa Magistrate/trial Court and get their statements recorded and in pursuance thereof, learned Sub Divisional Judicial Magistrate, Gidderbaha recorded the statements of both the parties and submitted report(s) dated 07.03.2018. 5. A perusal of the report(s) clearly reveals that the matter has been compromised by both the parties with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either of the parties in case the aforesaid FIR along with DDR are quashed. The learned State Counsel, on instructions from the police official present in the Court, has also no objection in case the aforesaid FIR along with DDR as well as all other consequential proceedings are quashed on the basis of the compromise effected between the parties in this case. 6. In view of above, this Court is fully convinced that the offences are entirely personal in nature and do not affect any public peace or tranquility and thus quashing of FIR No.43 dated 30.05.2017 as well as its cross-version recorded vide DDR No.61 dated 30.05.2017 along with all consequential proceedings on the basis of compromise would bring peace and harmony to secure the ends of justice. 7. Accordingly, the impugned FIR along with DDR and all consequential proceedings resulting therefrom, qua the petitioners, are hereby quashed. 8. Both the present petitions are allowed. 9. Photocopy of this order be placed on the connected case.