AI Structured Summary
Not yet generated for this judgment
Judgment
Anupinder Singh Grewal, J
Heard through video conferencing.
The petitioners are seeking quashing of FIR No.0033 dated 11.06.2019 under Sections 341, 323, 506 & 34 IPC, (Section 308 IPC added later on),
registered at Police Station Sadar Rampura, District Bathinda on the basis of compromise which has been arrived at between the parties.
Learned counsel for the petitioners contends that the FIR is the outcome of a sudden quarrel between the parties and the matter has been
compromised. The injured has fully recovered from the injuries. He also contends that the injury, for which Section 308 IPC was added later on, had
been caused with the reverse side of the ‘kirpan’ on the nose of the complainant who has fully recovered.
A coordinate Bench of this Court vide order dated 03.09.2020 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording
their statements and send a report as to whether the compromise has been arrived at without any coercion or undue influence. The report of the Sub
Divisional Judicial Magistrate, Phul dated 12.10.2020 has been received, wherein it is stated that in pursuance to the order of this Court, the statements
of the parties were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue influence.
The FIR is an outcome of a sudden quarrel between the parties and the matter has been compromised. The injured has fully recovered from the
injuries.
In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be
served by continuing the criminal proceedings. Therefore, the petition is allowed and the FIR No.0033 dated 11.06.2019 under Sections 341, 323, 506
& 34 IPC, (Section 308 IPC added later on), registered at Police Station Sadar Rampura, District Bathinda and all consequential proceedings are
hereby quashed qua the petitioner(s).
