NARESH KUMAR SANGHI, J. - (1.) PRAYER in this petition is for quashing of FIR No.252 dated 12.09.2013, under Sections, 294,354 -A, 506 and 509, IPC, registered at Police Station, Dinanagar, District Gurdaspur, and all the consequential proceedings arising therefrom, on the basis of compromise (Annexure P -2).
(2.) VIDE order dated 20.12.2013, this Court had directed the affected parties to appear on 14.01.2014 before the learned Chief Judicial Magistrate, Gurdaspur, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard along with copies of the statements to this Court, on or before the adjourned date. In compliance of the above, the petitioner as well as respondent No.2/complainant, Taniya Kapoor, did appear before the learned court below and got recorded their respective statements with regard to the compromise. The copies of the statements as well as the report in that regard have also been received from the learned Chief Judicial Magistrate, Gurdaspur. The operative part of the report is reproduced as under: - "Respectfully submitted that the petitioner/accused, namely, Sushil Jaggi @ Laddi son of Vijay Kumar, resident of Dholowal, P.S.Taragarh, District Pathankot, appeared before me and he suffered a statement that he has compromised the matter with the complainant, in case FIR No.252, dated 12.09.2013, under Sections 294, 506 and 509, IPC, Police Station, Dinanagar, District Gurdaspur (Punjab). He further stated that the matter has been compromised between me and complainant with the intervention of respectable. There is no grudge against each other. Complainant/respondent namely Taniya Kapoor daughter of Tarun Kapoor, resident of H.No.100, Sarafan Di Gale, Ward No.13, Dinanagar Gurdaspur, also appeared in the Court and made a statement regarding her compromise in the case with accused due to the intervention of respectables. She has also stated that there was no pressure of any kind in effecting such compromise. She has no objection if the present case FIR is quashed by Hon'ble Punjab and Haryana High Court, Chandigarh, on the basis of compromise. Shri. Naresh Thakur, Advocate and Ashok Bal, Advocate, has filed power of attorney on behalf of accused Sushil Jaggi alongwith the application for recording the statements of the affected parties in the Court on 15.1.2014. Police record was called from Police Station, Dinanagar. From the perusal of police record it reveals that FIR No.252, dated 12.09.2013, under Sections 354 -A, 294, 506 and 509, IPC, Police Station, Dinanagar, was registered on the statement of complainant Taniya Kapoor, against accused Sushil Jaggi @ Laddi son of Vijay Kumar, Caste Rajpur, resident of Dholowal, Police Station, Taragarh. This Court is satisfied that both the parties entered into compromise without any pressure or coercion and the compromise is genuine."
(3.) LEARNED counsel for the petitioner submits that due to confusion, the present case was registered against the petitioner and now with the intervention of the respectable and the elderly people of the society, the dispute stood patched up between the private parties. He also contends that the chances of ultimate conviction of the petitioner are bleak, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law.;