Harwinder Singh and Others vs State of Punjab and Another

T.P.S. Mann, J.—The petitioners have filed the present petition u/s 482 Cr.P.C. with a prayer that FIR No. 22 dated 7.2.2013 under Sections 498-A/406 IPC registered at Police Station Kalanaur, District Gurdaspur against them at the instance of respondent No. 2 be quashed on the basis of compromise. While issuing notice for today, the Court had directed the parties to appear before the Ilaqa Magistrate and get their statements recorded with regard to the compromise. The Ilaqa Magistrate was directed to record the statements to its satisfaction to know the genuineness of the compromise and as to whether the statements were not the result of any pressure or coercion in any manner.

Report has been received from the Chief Judicial Magistrate, Gurdaspur wherein it has been stated that the petitioners appeared before him and made a joint statement that they had compromised the matter with respondent No. 2. Similarly, respondent No. 2 also appeared and made statement regarding the compromise which according to her was on account of intervention of the respectables. She further stated that there was no pressure of any kind upon her in effecting the compromise. It is also mentioned in the report that Pishora Singh, father of respondent No. 2, also got his statement recorded that the matter stood compromised without there being any kind of pressure upon any one.

Once the parties have amicably settled the matter and have got recorded their respective statements recorded before the Ilaqa Magistrate and it has been found that the parties had voluntarily entered into a compromise and no pressure had been exerted upon any one, this Court finds that it would be sheer wastage of time and public money if the criminal case arising out of the aforementioned FIR is allowed to proceed. As the parties have already settled the matter, respondent No. 2 and her father Pishora Singh are not likely to support the prosecution case which would ultimately result in acquittal of the petitioners. In view of the above, the present petition is accepted, FIR No. 22 dated 7.2.2013 under Sections 498-A/406 IPC registered at Police Station Kalanaur, District Gurdaspur is quashed and all the proceedings taken thereunder set-aside.