GURPREET SINGH AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-5-375
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 22,2012

GURPREET SINGH AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Quashing of FIR No. 71 dated 25.8.2011 under Section 306 IPC registered at Police Station Bhadson, District Patiala and all other consequential proceedings arising therefrom are sought to be quashed on the basis of a compromise arrived at between the parties.
(2.) Brief facts necessary for the disposal of this petition as emerging out from the pleadings are that aforesaid FIR was registered on the basis of a complaint made by respondent No. 2, who has alleged that her son Dalbir Singh had committed suicide on 24.8.2011 and the petitioners were responsible for the same. In the instant petition, it has been averred that with the intervention of respectables and elders, a compromise has been effected between the complainant and petitioners vide Annexure P-1.
(3.) According to the said compromise, the petitioners have transferred land measuring 9 Kanals and 16-1/2 marlas in favour of respondent No. 2 vide sale deed registered on 26.9.2012 and the complainant Daljit Kaur has also sworn an affidavit confirming the said compromise (Annexure P-3) wherein she has specifically stated that after the compromise, she does not want to pursue the FIR in question against Ravinder kaur and others and there remains no misunderstanding between both the parties against each other so there is no objection to her if the aforesaid FIR is cancelled. Noticing the aforesaid contentions, the following order was passed by this Court on 23.2.2012: "Prayer in this petition has been made for quashing of FIR No. 71 dated 25.8.2011 registered under Section 306 IPC at Police Station Bhadson, District Patiala, on the basis of a compromise effected between the parties, which has been attached as Annexure P-1 with this petition. Counsel for the petitioners has further relied upon a judgment dated 25.5.2010 passed in Criminal Misc. Petition No. 13462 of 2010 and judgment dated 17.11.2008 passed in Criminal Misc. Petition No. M-25619 of 2008 in support of his case. Notice of motion for 20.3.2012. In the meantime, the parties may appear before the illaqa Magistrate on 6.3.2012 and get their statements recorded in support of compromise, as alleged. Illaqa Magistrate is directed to send the report with regard to the fact as to whether the statements have been made by the parties without any pressure and voluntarily, before the next date of hearing. " ;


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