Surinderpal And ORS. v. State Of Punjab And Others

Mr. Raman Kumar, Advocate for respondents No.2 to 5.

"The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Notice of motion.

At this stage, Mr. Hemant Aggarwal, AAG, Punjab, has put in appearance on behalf of respondent No 1 State of Punjab and accepts notice.

Mr. Raman Kumar, Advocate has appeared for respondents No.2 to 5.

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/Ilaqa Magistrate concerned on 15.01.2024 or any date thereafter as fixed by trial Court/Ilaqa Magistrate for recording statement 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 statement 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/llaqa 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. 13.02.2024."

"1.

That there are eleven accused persons arrayed in the FIR namely Surinderpal, Rani, Rahul Ram @ Billa, Balkar Ram, Bikram Kaur, Krishan Ram, Aatu Ram @ Bhinder, Ravika @ Preety, Rupa, T Sagar Atwal and Danish Atwal. Only nine accused persons have appeared as per petitioner before Hon'ble Punjab and Haryana High court. Out of them only eight accused/petitioners appeared for recording their statement qua compromise namely Rupa, Bikram Kaur, Aatu Ram, Rani, Kishan Ram, Surinderpal, Ravika, Balkar Ram. Accused/petitioner Rahul Ram @Billa did not appeared for recording his statement qua compromise. Further accused Sagar Atwal and Danish Atwal are proclaimed offenders as per statement of 10. So they also did not appeared for recording their statements. 2.

Case was registered on the statement of complainant/injured R Vidhya Devi. Besides Pawan Kumar, Baldev Raj and Paramjit Singh are also injured. Only vidhya Devi, Pawan Kumar and Baldev Raj appeared for recording their statement qua compromise. However request was made for recording the statement of injured Pawan Kumar through mode of video conferencing. On this directions was made to do so as per VC rules of Hon'ble Punjab and Haryana High court. There-after an application is moved by counsel for applicants/petitioners for seeking adjournment that time is required for tracing out email ID of injured Pawan Kumar. Copy of application is Annexed herewith.

3.

As per statement of IO and case file, accused Sagar Atwal and Danish Atwal were declared as proclaimed offender by the Court vide its order dated 09.06.2022.

The copy of recorded statements of appearing parties, statement of IO as well as copy of application for adjournment and statement of System Assistant Judicial Court Dasuya are enclosed herewith.

This is for your kind information and for necessary action."