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2018 DIGILAW 713 (PNJ)

Saroj Rani v. State of Punjab

2018-02-15

MAHABIR SINGH SINDHU

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JUDGMENT : MAHABIR SINGH SINDHU, J. 1. As identical questions of law and facts are involved, therefore, I propose to decide above indicated petitions, arising out of the same incident/FIR, by means of this common judgment, in order to avoid the repetition. 2. Present petition is filed praying for quashing FIR No.105 dated 4.10.2015, under Sections 193, 195, 211, 389, 506, 511, 120-B IPC registered at Police Station Khuhian Sarvar, District Fazilka and Kalandra Registration No.84/2014 under Section 66 of the Police Act filed in the Court of learned JMIC Abohar, Tehsil Abohar on the basis of compromise entered into between the parties. 3. Heard. 4. Both the parties were directed by this Court vide order dated 21.11.2017 to appear before the learned Illaqa Magistrate/trial Court and get their statements recorded and in pursuance thereof, learned Additional Sessions Judge, Fazilka, recorded the statements of both the parties and submitted a report dated 11.12.2017. A perusal of the report reveals that the compromise entered into between the parties is voluntary and without any fear, coercion, inducement or threat. Even as on today the parties are not disputing the factum of compromise arrived at between them. 5. No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 6. Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Therefore, the aforesaid FIR and all consequent proceedings along with Kalandra Registration No.84/2014 under Section 66 of the Police Act resulting therefrom are quashed qua the petitioners. 7. Petitions are allowed.