RAKESH KUMAR GARG,J. - (1.) BY way of this petition, quashing of FIR No.128 dated 13.08.2011, under Sections 406 and 420 IPC, registered at Police Station, Garhshankar, District Hoshiarpur and all the subsequent proceedings arising therefrom on the basis of compromise dated 24.02.2012 (Annexure P-2) between the parties.
(2.) NOTICING the contentions raised, this Court passed the following order on 25.04.2012: "This is a petition for quashing of FIR No.128 dated 13.08.2011, under Sections 406 and 420 IPC, registered at Police Station, Garhshankar, District Hoshiarpur, and all the subsequent proceedings arising therefrom, on the basis of compromise. Adjourned to 01.06.2012. In the meantime, the affected parties would appear before the learned Sub Divisional Judicial Magistrate,Garhshankar, on 07.05.2012, which shall record their respective statements with regard to the compromise and send his detailed report to this Court on or before the adjourned date. At this stage, Mr.Akashdeep Singh, Advocate puts in appearance for respondent No.2 and admits the factum of compromise. He also submits that the complainant has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed. The Investigating Officer ASI Manohar Lal, who is present in the Court, is also directed to remain present before the learned Sub Divisional Judicial Magistrate, Garhshankar, District Hoshiarpur, on 07.05.2012 during the course of proceedings." In response to the aforesaid order, a report from the Court of Judicial Magistrate Ist Class, Hoshiarpur has been received, which reads thus: "Subject: Crl.Misc.No.M-6968 of 2012, Prabhjot Kaur Vs. State of Punjab and others, FIR No.128 dated 13.08.2011, under Sections 406 and 420 IPC, P.S. Garshankar, District Hoshiarpur. Sir, Kindly refer to your letter on the subject cited above. Said papers were put up before me being Duty Magistrate, as learned Illaqa Magistrate was not available on that day i.e. 07.05.2012. Statements of Sunil Kumar s/o Roshan Lal and Deepak Kumar s/o Ashok Kumar, both residents of Bora, Tehsil Garshankar, District Hoshiarpur, recorded that present case/FIR was registered on their statement against Prabhjot Kaur daughter of Kuldip Singh, resident of village Satnaur, PS Garshankar and they have effected compromise with Prabhjot Kaur accused. Similarly, Prabhjot Kaur d/o Kuldip Singh, village Satnaur, Tehsil Garshankar, District Hoshiarpur also got recorded her statement that she had effected compromise with Deepak Kumar and Sunil Kumar, abovesaid, without any pressure or fear and copy of compromise is Ex.C1 and she prayed for dismissal of the case, as she had effected the compromise without any pressure. ASI Manohar Lal No.1088, HSP also recorded his statement to that effect and he identified the accused present in the court and the affidavit dated 24.2.12. Their statements recorded in the court are also enclosed herewith regarding the compromise, copy of which Ex.C1 is placed on record. The compromise appears to be genuine. Submitted please, Yours faithfully, Encl. As above (Neetika Verma) PCS (D) Judicial Magistrate Ist Class, Hoshiarpur (Duty)"
(3.) THE respondents-complainants are also present in the Court and are duly represented by their counsel. Affidavits of Deepak Kumar and Sunil Kumar-complainant have also been filed in the Court vide which the complainants-respondents No.2 and 3 have again affirmed the fact that a compromise has been reached between the parties. Learned State counsel on instructions from ASI Manohar Lal, Police Station Garhshankar, District Hoshiarpur has stated that the case is at the investigation stage and no challan has been presented to the Court.;