Shamsher Singh And Others v. State Of Punjab And Another

Ms. Mandeep Kaur, Advocate for Ms. Gindu Mander, Advocate for respondent No.2.

"The parties are directed to get their statements recorded qua the factum of compromise in the following manner:

(i) The petitioners shall appear before the trial Court/Illaqa Magistrate concerned on 01.02.2024 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioners

as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer. (iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel.

This shall be subject to satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.

The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:

(i) Whether there is any other accused other than the petitioners, arrayed in this petition?

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition?

(iii) Whether any accused has been declared Proclaimed Offender?

The report be submitted before this Court before the next date of hearing i.e.05.03.2024."

"i. There is no other accused other than the petitioners, arrayed in this petition.

ii. There is no other complainant or affected/aggrieved party other than the petitioners, arrayed in the petition. iii. As per statement of Investigating Officer, none of the accused has been declared as Proclaimed Offender nor is absconding. iv. Further this court deems it appropriate to further draw the attention of the Hon'ble High Court that FIR was registered by complainant Simranjeet Kaur against five accused persons namely Jasbir Singh @ Jasvir Singh son of Darshan Singh, Gurnam Singh son of Dhawa Singh, Jai Singh son of Shiv Dev Singh, Sarabjeet Singh son of Nishan Singh and Shamsher Singh son of Amar Singh, all residents of Village Gharam, Tehsil Dudhan Sadhan, P.S.Julkan, District Patiala and statement of complainant as well as accused persons have been recorded qua compromise. As per statement of Investigating Officer, none of the accused has been declared as Proclaimed Offender nor is absconding. v. In the instant FIR name of complainant is Simranjeet Kaur, who is only aggrieved person, whose statement has been recorded in support of the compromise.

vi. In the instant FIR challan has not been presented till date. vii. That the compromise effected between the complainant Simranjeet Kaur as well as accused Shamsher Singh, Jasbir Singh @ Jasvir Singh, Gurnam Singh, Jai Singh and Sarabjeet Singh is genuine, voluntarily and out of free will of the parties. viii. That as per statement of accused and Investigating Officer, no other criminal case is pending against them ix. In this case statement of all the affected parties have been recorded, who have entered into compromise."