TONIKA AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2014-10-214
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 06,2014

TONIKA AND ANOTHER Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The present petition under Section 482, Cr.P.C., has been filed by the petitioners, namely, Tonika, daughter of Balwant Singh, resident of House No. 1076, Mohalla Purana Bishan Nagar, Near Gurudwara Himmat Singh, Patiala; and Surjit Singh, son of Mohinder Singh, resident of Vadian, Police Station, Lakho Ke, District Ferozepur, for quashing of FIR No. 27, dated 5.3.2013, under Sections 380, 411 and 454, IPC, registered at Police Station, Doraha, District Ludhiana, and all the consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).
(2.) Vide order dated 13.11.2013, the affected parties were directed to appear on 12.12.2013 before the learned Trial Court, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to determine the authenticity of the compromise arrived at between the parties and the fact that it had been reached without any pressure or undue influence and, after satisfying itself, to send its report to this Court before the adjourned date.
(3.) In compliance thereof, the complainant-respondent No. 2, Dharam Chand, as well as both the petitioners, Tonika and Surjit Singh, did appear before the learned Court below and got recorded their respective statements with regard to the compromise. The complainant-respondent No. 2, Dharam Chand, stated as under:- "......I have compromised with the accused Surjit Singh son of Mohinder Singh and Tonika daughter of Balwant Singh with my free will without any undue influence and coercion. Now, I do not want to pursue against the accused involved in the FIR No. 27, dated 5.3.2013, under Sections 454/380/411 of IPC, PS Doraha. Now, I had compromised the matter with the accused present in the Court and I do not want to pursue the present FIR. I am having no objection, if the present FIR be quashed as per the orders of Hon'ble Punjab and Haryana High Court on the basis of the compromise duly executed by me with the accused present in the Court.";


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