JUDGEMENT
-
(1.) Quashing of FIR No. 107 dated 4.10.2011 under Sections 406, 420 IPC registered at P.S. City Hoshiarpur, District Hoshiarpur is sought on the basis of compromise between the parties.
(2.) On December 13, 2011, following order was passed by this Court:-
"Notice of motion for 21.02.2012.
This is a petition for quashing on the basis of compromise.
The parties are directed to appear before the trial Court on 20.12.2011 and the trial Court shall record the statement of all the effected parties and shall record a finding whether any volunteer compromise has been arrived at between the parties or not? Report of the trial Court in this regard be called for the date fixed."
(3.) In pursuance of the aforesaid order, CJM, Hoshiarpur has submitted his report along with statements of the parties and according to the aforesaid report, a compromise has been effected between the parties without any pressure or coercion and that the parties belong to the same family. The statements of the parties read thus:-
"Statement of Harminder Singh age 40 years son of Sh. Tarsem Lal resident Mohalla Premgarh House No. 106 Hoshiarpur. ON SA
I am complainant in FIR No. 107 dated 4.10.2011 under sections 406, 420 IPC registered with P.S. City Hoshiarpur against Aman son of Dr. Inderjit Singh and Dr. Inderjit Singh son of Rattan Singh both residents of house No. 69 Gali No. 3 New Adarsh Nagar Hoshiarpur.
That the matter between myself and accused Aman and Dr. Inderjit Singh has been settled without any coercion, or undue influence or pressure. I with my free consent and sound state of mind have compromised the matter with the accused and have received the amount from the accused. The above said compromise arrived at between myself and accused was duly reduced into writing on 7.10.2011. Myself, the accused had signed the above said compromise after admitting its contents to be true and correct in the presence of witnesses. The original compromise has been placed in petition under section 482 Cr.P.C. in the Hon'ble High Court and photocopy of the same is Ex.PX which bears my signature. Matter having been compromised. Now, I have no grudge against the accused and this compromise will lead peace and harmony among us. So I have no objection if the above said FIR is quashed.
RO & AC
Sd/-
Sd/-
Sd/-
Chie Judicial Magistrate
Hoshiarpur 20.12.2011"
"Statement of Amandeep son of Shri Inderjit resident of house No. 69, Gali No. 3, New Adarsh Nagar Hoshiarpur, ON SA
Stated that I am innocent and is law abiding citizen. I have done no wrong and have been falsely implicated in the above said FIR. However, to buy peace, the matter has been compromise between myself and the complainant.Compromise was reduced into writing copy of which is Ex.PX on the file. Compromise is without any pressure or undue influence and is voluntarily one. FIR against me may kindly be quashed.
RO & AC
Sd/-
Sd/-
Sd/-
Chie Judicial Magistrate
Hoshiarpur"
"Statement of Inderjit Singh age 54 years son of Sh. Rattan Singh house No. 69, Gali No. 3 New Adarsh Nagar Hoshiarpur. ON SA
Stated that I am innocent and is law abiding citizen. I have done no wrong and have been falsely implicated in the above said FIR. However, to buy peace, the matter has been compromise between myself and the complainant.Compromise was reduced into writing copy of which is Ex.PX on the file. Compromise is without any pressure or undue influence and is voluntarily one. FIR against me may kindly be quashed.
RO & AC
Sd/-
Sd/-
Sd/-
Chie Judicial Magistrate
Hoshiarpur";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.