The settlement of a dispute between parties can warrant the quashing of an FIR and consequent proceedings, as established by relevant case law.

JUDGMENT :

SUVIR SEHGAL J.

CRM-2865-2021

1. Application is allowed.

2. Annexure P-5 to P-7 are taken on record.

Main Case:

3. The instant petition has been filed for quashing of FIR No. 23 dated 22.03.2020, registered under Sections 307, 324, 323, 379-B, 34 of Indian Penal Code, 1860 at Police Station Smalsar, District Moga, Annexure P-1, on the basis of Panchayati compromise, dated 10.04.2020, Annexure P-3, arrived at between the parties alongwith all subsequent proceedings arising therefrom.

4. Counsel for the petitioners submits that the offence under Section 307 is not made out as both the injuries suffered by the complainant are on the non-vital parts of his body and there was no intention to cause death.

5. Vide order dated 14.09.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court to get their statements recorded regarding the compromise and a report was called for from the Court.

6. After recording the statements of the accused-petitioners and complainant-private respondent, the Additional District and Sessions Judge, Moga, has submitted the report, the relevant extract of which is as under:

“(1) In reply to Para No. 1 it is submitted that as per statement of complainant Deepak Lal, Investigating Officer SI Vakeel Singh and FIR three accused namely Anish Kumar, Rajveer Singh and Kuldeep Singh stands arrayed as accused. These three accused have appeared before me and have also made statements enclosed herewith. As reported by Investigation Officer no accused is absconding/P.O. in this case.

(2) In reply to Para No. 2 it is submitted that name of complainant is Deepak Lal. It is reported by Investigating Officer as well as complainant that complainant Deepak Lal is the only injured and aggrieved person in present FIR. Complainant has got recorded statement before me in support of compromise. His statement is lying enclosed herewith.

(3) The trial is fixed for 20.10.2020 for consideration on charge.

(4) In the light of statement suffered by complainant Deepak Lal it is apparent that complainant had entered into compromise qua present complaint with accused without any inducement, threat, pressure and coercion and out of his free will and volition in the interest of maintaining peaceful relations with accused in the coming time and to remove any lingering acrimony in their minds in future and in order to buy peace and in the interest of long lasting relations with accused and has categorically stated that he has no objection in case accused in acquitted and FIR in question is quashed. All the three accused have also supported the compromise.

(5) In reply to Para No. 4 it is submitted that in view of statement of Investigating Officer the accused namely Anish Kumar and Kuldeep Singh are not involved in any other FIR or criminal case. However three other criminal cases in addition to present case were registered against co-accused Rajveer Singh i.e. FIR bearing No. 90 dated 21.12.2015 under Sections 307, 452, 506, 148, 149 IPC and 25 of Arms Act Police Station Smalsar. Wherein Cancellation has been accepted by Hon'ble Court; FIR No. 91 dated 21.12.2015 under Section 61 of Excise Act, Police Station Smalsar. Wherein accused Rajvir Singh stands convicted in this case; and FIR No. 35 dated 14.06.2018 under Sections 399(and not 309), 402 IPC and 25 of Arms Act and Section 22 of NDPS Act, Police Station Smalsar. Wherein trial is pending before the court of Ms. Sonia Kinra, learned Additional Sessions Judge, Moga.”

7. Counsel for the petitioners has made a reference to Annexure P-5 to P-7 to submit that insofar as the other three cases pending against him are concerned, cancellation report has been filed in FIR No. 90, dated 21.12.2015, registered under Sections 307, 452, 506, 148, 149 IPC and 25, 27, 54, 59 of Arms Act, at PS Samalsar and the petitioner has been declared innocent in FIR No. 91 dated 21.12.2015, registered under Sections 61 of Punjab Excise Act, PS Samalsar. Counsel submits that the third case FIR N