- (1.) Prayer made in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.77 dated 31.03.2015 registered under Sections 306, 34 IPC, at Police Station Model Town, District Hoshiarpur and all other consequential proceedings arising therefrom on the basis of compromise dated 23.06.2015(Annexure P- 2). This Court vide order dated 04.11.2015 had directed the parties to appear before the Illaqa Magistrate/CJM, Hoshiarpur on 14.12.2015 or any other date convenient to the Court to get their statements recorded with regard to compromise and the learned Court was directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The Court was further directed to send report along with the statements of the parties with regard to validity or otherwise of the compromise. Pursuant to the aforesaid order dated 04.01.2016, the parties have appeared before learned Chief Judicial Magistrate, Hoshiarpur and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded his report dated 04.01.2016 to the effect that the parties have willfully settled their differences and reached at a bona fide compromise without any pressure and the same is genuine.
(2.) The statement made by the complainant-respondent No.2, namely, Lakhwinder Kaur @ Balwinder Kaur wife of late Shri Jai Raj before the Magistrate on 14.12.2015, reads as under:- ".The FIR No.77 dated 31.03.2015 U/s 306, 34 IPC was registered at P.S. Model Town, Hoshiarpur on the basis of my statement before the police against accused Ajay Kumar, Kamal Kumar and Dhiraj Kumar. Now with the intervention of respectables, the dispute between me and accused has been settled amicably and voluntarily vide compromise deed dated 23.06.2015, (original compromise deed has already been submitted before the Hon'ble High Court), which bears my signatures. Now there is no dispute between me and accused. I have no grudge against the accused. The compromise is effected for the welfare of the parties. The compromise has been effected without any fear, threat, pressure or coercion and is with my own sweet will. I have no objection, if the above said FIR is quashed against the accused and the accused be acquitted. Except this case no case is pending between me and the accused persons." Apart from the above statement, whereby respondent No. 2-complainant has shown no objection to the FIR being quashed, there is nothing on record to doubt the genuineness of the compromise, as arrived between the parties. Thus, no useful purpose would be served to continue with the proceedings in the instant FIR. Mr. Rimple Saini, Advocate, has put in appearance on behalf of respondent no.2-complainant and admits the factum of compromise. He also states that he has no objection if the present FIR is quashed against the petitioners-accused.
(3.) Learned counsel for the State, on instructions from ASIJagjit Singh, submits that the matter is at the investigation stage and challan has not been presented and he is unable to raise any serious objections in view of the statements recorded in terms of the compromise, whereby, the complainant is not willing to support the case of the prosecution. Heard.;