Suhail Kataria v. State Of Punjab And Another


 

      



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Contends that matter has been amicably settled between the parties, i.e. petitioner as well as respondent No.2; hence FIR in question as well as consequential proceedings deserve to be quashed. &

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Still further, learned State Counsel, on instructions from the police officer present, is not averse in case the above FIR along with consequential proceedings are quashed and set aside on the basis of the compromise entered into between the parties i.e. petitioner well as respondent No.2.

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Heard learned counsel for the parties and perused the paperbook. '

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In terms of aforesaid order, statements of both the parties were recorded and a report dated 08.01.2025 has been received from  : 1  8 : . For reference, the operative part of report reads as under:- #  !  *    

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 :6 (i) How many total accused are facing the trial.

One accused namely Suhail Kataria is facing the trial.

(ii) Whether challan is presented in the Court? If so, against how many accused;

Challan has been presented against one accused namely Suhail Kataria on 27.08.2024 (iii) Whether any of the accused was declared proclaimed offender at any stage of trial;

No the accused was not declared proclaimed offender at any stage of trial.

(iv) Status/stage of the trial/case;

The case is at the stage of consideration on charge.

(v) To record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise Statements of both the parties have been recorded with regard to the genuineness and validity or otherwise of the compromise.

(vi) To record the statement of Investigating Officer with regard to points No.(i), (ii), (iii) and (iv) as above Statement of Investigating Officer with regard to points No.

(i), (ii), (iii) and (iv) have been recorded.

A perusal of the aforesaid extract clearly reveals that matter has been compromised by both sides with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either side against each other.  3*

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In view of above discussion, this Court is fully convinced that the offence is entirely personal in nature and does not affect public peace or tranquility. Thus, quashing of the FIR in question along with consequential -5-

proceedings, on the basis of compromise would bring peace and harmony to secure the ends of justice.

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