Anil Kumar And ORS. v. State Of Punjab And ANR.
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210-2 Date of decision : 29.04.2023 Anil Kumar and Ors.
...... Petitioners V/S State of Punjab and Anr.
..... Respondents CORAM :
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Amit Dhawan, Advocate for the petitioners.
Mr. M.S.Joshi, Addl. A.G. Punjab.
Ms. Navdeep Kaur, Advocate for Mr. Prabhjot Singh, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners- Anil Kumar, Reeta and Sahil Sidhu have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.25 dated 11.02.2019, under Sections 323, 452, 427 of IPC, registered at Police Station Sadar Jalandhar, District Jalandhar and all other subsequent proceedings on the basis of compromise between the parties (Annexure P-2). As per the facts of the case, the complainant - Amandeep gave her statement to the police that on 05.02.2019, she was present in her house and heard noise outside. She along with her husband-Kamaljit went out and saw Anil Kumar @ Badshah, his wife-Reeta and his younger son-Nanno along with 4-5
-2unidentified persons. They entered her house. Anil Kumar @ Badshah slapped her and the unidentified persons gave kick blows on her back and left leg. The younger son of Badshah gave blow on the head of her husband. They damaged their articles in the house. Reason behind this occurrence was that her brother-inlaw - Sukhwinder, while going in the street had pushed Heena daughter of Anil Kumar @ Badshah. Anil Kumar @ Badshah also gave blow on the head of her mother-in-law-Bimla. 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 Additional Chief Judicial Magistrate, Jalandhar dated 30.10.2019. 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- Anil Kumar, Reeta and Sahil Sidhu have also confirmed this fact in their separate statement. The statement of I.O. Mukhtiar 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 Additional Chief Judicial Magistrate, Jalandhar 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 harmony. They have mutually settled all their disputes.
-3litigation started between them. The matter in cross version has been compromised along with this case. 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.25 dated 11.02.2019, under Sections 323, 452, 427 of IPC, registered at Police Station Sadar Jalandhar, District Jalandhar and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 29.04.2023.
Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No