MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition, filed under Sec. 482 of the Cr.P.C, the petitioners seek quashing of FIR No.79, dtd. 6/8/2016, under Ss. 177 and 420 of IPC and Sec. 2 of Passport Act, 1920 (Entry to India) lodged at Police Station P.A.U. Ludhiana, and, also of all consequential proceedings arising therefrom, hence on the basis of affidavit of compromise (Annexure P-2) arrived at between the parties.

(2.) When the instant petition came up before this Court on 30/5/2018, an order was made upon the learned Magistrate concerned, to make a report to this Court, with respect to the genuineness of the compromise, as also whether any person(s) has/have been nominated as accused, and, as also whether any person has been declared a proclaimed offender, and, that whether challan has been filed. The afore order, makes it apparent that the petitioners had depended, upon, a compromise/settlement, arrived at, in respect of the FIR (supra) with the complainant-respondent No.2.

(3.) The afore made order by this Court on 30/5/2018, has been complied with by the learned Magistrate concerned, and, the elicited report has been placed on record. A perusal of the report, transmitted to this Court, by the learned Magistrate concerned, reveals that the settlement/compromise, arrived at inter se the petitioners, and, the respondent No.2, is a sequel of both, being ad idem qua it, besides the compromise/ settlement being a sequel of no pressure or coercion, being exercised upon each other. Moreover, the compromise is compositely drawn, and, thereons exist the signatures of all concerned, in the penal transactions concerned. Therefore, the learned Magistrate has reported that the settlement/compromise, depended upon by the petitioners, for seeking quashing of the FIR (supra), is both voluntary, and, also is free from vices of duress, and, or of compulsion, being exercised upon each other, besides is genuine.