- (1.) This petition under Section 482 Code of Criminal Procedure has been filed on behalf of Petitioners, namely, Harkamal Jit Singh, Simranjit Singh Dhillon, Gurjit Singh, Simrandeep Singh Sandhu for quashing of FIR No. 200 dated 25.8.2009 registered under Sections 147, 148, 149, 323, 506, 307 IPC, in which offence under Section 307 IPC stands substituted with Section 336 IPC and Sections 25/27-54/59 of Arms Act at Police Station Sector 11, Chandigarh, on the basis of compromise (Annexure P-2).
(2.) Notice of motion was issued on 22.1.2010 and while issuing notice of motion following order was passed: Petitioners seek quashing of an FIR registered on August 25 2009 alleging that the Petitioners being members of unlawful assembly had attacked the complainant and caused injury. Offence under Section 307 IPC stands deleted however, offence under Section 336 IPC has been added. It has, inter alia, been pleaded that the matter has been amicably settled between the two groups of students in order to maintain peace and harmony in the Punjab University and in order to develop cordial relations between them. Copy of the compromise has been placed on record as Annexure P-2. In para 2 of the compromise, it has been noticed that Respondent No. 2 was not asked the names of the students of the University while including the names of accused in the FIR by the police men on duty. It has been informed that the challan had not yet been presented. Notice of motion for February 25, 2010. Before quashing of FIR on the basis of compromise, I deem it appropriate to issue a direction to the investigating officer in FIR No. 200 of 2009, Police Station Sector 11, Chandigarh to record the supplementary statement of Respondent No. 2, complainant without any inducement as per the provisions of Section 163(2) Code of Criminal Procedure as according to said provision no police officer investigating a matter can prevent any person from making, in the course of investigation any statement which he may be disposed to make of his own free will. Let the direction be communicated through the Standing counsel for U.T. by the Registry.
(3.) Vide aforesaid order, directions were issued to the Investigating Officer to record the supplementary statement of complainant-Respondent No. 2. It has also come on the record that the matter has been compromised with remaining two persons named in the FIR and petition for quashing of FIR on their behalf on the basis of compromise was also filed. In compliance of the aforesaid order, statements of the parties with regard to compromise have also been recorded by the Illaqa/Area Magistrate and report in this regard has been sent, which is on record. In the report, it has specifically been mentioned that statements of the parties with regard to compromise have been recorded and complainant-Respondent No. 2 has stated that the matter has been compromised and he has no objection in quashing of the FIR.;