SHAMSHAD KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No. 180 dated 1.11.2016 under Sections 452/323/427/506/148/149 IPC, registered at Police Station Baghapurana, District Moga and all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 2.5.2019, the parties were directed to appear before the trial Court and the trial Court was directed to record the statements of the parties and submit a report regarding number of persons arrayed as accused in the FIR; whether any accused is proclaimed offender; whether the compromise is genuine, voluntary and without any coercion or undue influence and whether any accused person is involved in any other FIR. The trial Court was also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.

(3.) A report dated 31.8.2019 has been submitted by the Sub Divisional Judicial Magistrate, Baghapurana, wherein it has been reported that statements of the petitioner and respondents No.2 and 3 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will. The trial Court has also recorded the statement of Investigating Officer ASI Jaspal Singh, wherein he has stated that six accused are arrayed in the FIR and out of them, challan of three accused, namely, Dilpreet Singh, Shamshad Khan and Dilshad Khan is presented.