Amrit And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 20.04.2023 Amrit and Ors.

...... Petitioners V/S State of Punjab and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. M.S.Saini, Advocate for the petitioners.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. Jaskamal Singh Grewal, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners-Amrit, Satnam Singh @ Shammu and Santosh Kumari have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.243 dated 01.11.2017, under Sections 323, 354-B, 452, 148, 149 of IPC, registered at Police Station Tanda, District Hoshiarpur and all other subsequent proceedings on the basis of compromise between the parties dated 14.11.2022 (Annexure P-2).

As per the facts of the case, the complainant - Santosh Kaur stated that a compromise was effected regarding the quarrel which had taken place on 31.10.2017. She reached home, on this Santosh Kumari @ Tosha, her son Amrit entered her house and they protested against her for levelling false allegations of theft against the children. The complainant told them that the matter is already

-2settled, therefore they should not talk about it. At that time her parents and other family members were present in the house. At about 2:00 PM Jeetu, Shamu and Kashmir Kaur entered their house abusing them and further raised lalkara to teach them a lesson for leveling false allegations. Satnam Singh @ Shammu armed with iron rod gave her beating. He outraged her modesty. All of them gave her beating. She was rescued by her parents and brothers. Thereafter, they left the spot. With these allegations, the present FIR has been registered. The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise.

The detailed report regarding compromise has been received from the court of Judicial Magistrate 1st Class, Dasuya dated 24.03.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioners- Amrit, Satnam Singh @ Shammu and Santosh Kumari have also confirmed this fact in their separate statement. The statement of ASI Amrik Singh is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders. Therefore, from the report of Judicial Magistrate 1st Class, Dasuya, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. Both the parties are residents of same locality, it would enable them to live in peace and

-3harmony. They have mutually settled all their disputes. No purpose would be served with the continuation of criminal proceedings Therefore, considering these facts the petition filed by the petitioners is accepted and FIR No.243 dated 01.11.2017, under Sections 323, 354-B, 452, 148, 149 of IPC, registered at Police Station Tanda, District Hoshiarpur and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 20.04.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No