- (1.) The conspectus of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and oozing out, from the record, is that, on 1.9.2011 at about 1.30 PM, as soon as, complainant Kuheena Sharma, daughter of Arun Sharma respondent No. 2 (for brevity "the complainant") came out of the main gate of her college, in the meantime, the petitioner-accused came there. She refused to talk to him. Thereafter, he caught hold of her by hair, pushed and slapped with the intention to insult her. In the background of these allegations and in the wake of statement of the complainant, a criminal case was registered against the petitioneraccused, vide FIR No. 417 dated 13.9.2011 (Annexure P1), on accusation of having committed the offences punishable under Sections 323 and 354 IPC by the police of Police Station Sector 34, Chandigarh, in the manner described here-in-above. During the pendency of criminal case, good sense prevailed and the parties have mutually settled their dispute at the intervention of their relatives, by way of compromise deed (Annexure P2).
(2.) Having compromised the matter, the petitioner-accused preferred the present petition for quashing the impugned FIR (Annexure P1) and all other subsequent proceedings arising therefrom, on the basis of compromise (Annexure P2), invoking the provisions of section 482 Cr.PC.
(3.) During the course of preliminary hearing, a Coordinate Bench (Daya Chaudhary, J.) of this Court passed the following order on 18.1.2012:- The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 417 dated 13.9.2011 registered under Sections 323,354 IPC at Police Station Sector 34, Chandigarh, on the basis of compromise (Annexure P-2). Notice of motion to the respondents for 28.3.2012. Mr. Parminder Singh-I, Advocate, who is present in Court accepts notice on behalf of respondent No. 2. Meanwhile, parties are directed to be present before the trial Court on the date fixed i.e. 30.1.2012 or any other date convenient to the Court for recording their statements with regard to compromise. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is also directed to send a report alongwith statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not before the next date of hearing. The trial Court is also directed to intimate with regard to pendency of any P.O. proceedings against the parties.;