- (1.) This is a petition under Section 482 Cr.P.C. for quashing FIR No.39 dated 22.5.2011 registered under Section 376 IPC at Police Station, Kalanaur, District Gurdaspur on the basis of compromise (Annexure P-2) and affidavits (Annexure P-3 and P-4) effected between the parties.
(2.) On 17.5.2012, a co-ordinate Bench of this Court had passed the following order:- "Quashing of FIR No. 39, dated 22.5.2011 registered under Section 376 IPC at Police Station Kalanaur, District Gurdaspur is sought, on the basis of compromise (Annexure-P-2) and affidavits (Annexures-P-3 and P-4) effected between the parties. Upon notice, reply has been filed on behalf of State of Punjab by way of affidavit of Garib Dass, PPS Deputy Superintendent of Police (Control Room) Gurdaspur, wherein it has been stated that after joining investigation, a compromise was effected between the parties, and the same was produced before the police and even respondent No. 2 and her parents had confirmed having compromised the matter with the intervention of respectables and got recorded their statements that they have no objection if FIR No.39 dated 22.5.2010, registered under Section 376 IPC at Police Station Kalanaur, District Gurdaspur is quashed. It may also be noticed that statement of the complainant Tabitha was also recorded by the trial Court, which reads as under:- Statement of Tabitha aged 17 years, d/o James Masih, r/o Sangatpur, Gurdaspur complainant. Stated that I am the complainant of the present case. I have love affair with one Sandeep Singh Sodhi, s/o Kuldeep Singh Sodhi, r/o Sangatpur who promised to marry me and have sexual relations with me. On my statement this case has been registered against him but with the intervention of the respectable of locality compromise has been arrived in us. So I do not pursue this case against him and I agree with the cancellation report filed by the police and I have no objections if the present cancellation report is submitted." Keeping in view the findings of the investigation and the statement of the complainant, the police filed cancellation report in the said FIR. However, the said cancellation report was not accepted by the Chief Judicial Magistrate, Gurdaspur on the ground that offence under Section 376 IPC is not compoundable. Faced with this situation, the petitioner has approached this Court by way of filing this petition, challenging the aforesaid order. Another affidavit of Angrez Singh, PPS, Deputy Superintendent of Police, Headquarters, Gurdaspur has been filed on behalf of respondent No. 1, wherein it has been stated that after the order dated 17.10.2011, re-investigation has also been done and cancellation report is being prepared again. Keeping in view the aforesaid facts and circumstances, further proceedings before the trial Court are stayed. List on 18.7.2012. In the meantime, the respondent may file the cancellation report, to be prepared by them, in this Court."
(3.) The cancellation report prepared by the investigating agency has been submitted before this Court. I have gone through the cancellation report and the earlier statement made by the prosecutrix. The matter has been further investigated and the prosecution agency has again prepared the cancellation report which has been accepted by higher authorities and then presented before this Court.;