JUDGEMENT
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(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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