JUDGMENT

Vikas Bahl, J. (Oral). - This common order will dispose of two petitions filed under Section 482 Cr.P.C. for quashing of FIR no.365 dated 25.12.2020 registered under Sections 306, 34 IPC at Police Station Salem Tabri, District Ludhiana and all other consequential proceedings arising therefrom on the basis of compromise.

2. The first petition, i.e. CRM-M-29142-2021 has been filed by Arsh Vikram Singh and the second petition, i.e. CRM-M-29582-2021 has been filed by Kushal Singh. With the consent of all the parties, the petition, i.e. CRM-M-29142-2021 is being taken up as the lead case and the facts are being taken up from the said petition.

3. On 04.04.2022, this Court was pleased to pass the following order:-

'This is a petition under Section 482 Cr.P.C., for quashing of FIR No.365 dated 25.12.2020 registered under Sections 306/34 IPC in Police Station Salem Tabri, District Ludhiana and all the consequential proceedings arising therefrom, on the basis of compromise (Annexure P-3).

Learned counsel for the petitioner has submitted that, a perusal of FIR shows that in the present case prima facie offence under Section 306 IPC is not made out and has relied upon the judgment of this Court in case titled as Rajbir Singh and others Vs. State of Punjab and another, decided on 02.02.2022 passed in CRM-M-36570 of 2021 (O&M) to contend that in such a situation, the FIR under Section 306 IPC can also be quashed.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 days.

The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

1. Number of persons arrayed as accused.

2. Whether any accused is proclaimed offender ?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence.

4. Whether the accused persons are involved in any other FIR or not?

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/ complainants are there in the FIR.

Adjourned to 04.05.2022.

(VIKAS BAHL) 04.04.2022 JUDGE'

4. Similar order was passed on the aforesaid date even in the connected petition, i.e. CRM-M-29582-2021.

5. In pursuance to the said order, a report has been submitted by the Judicial Magistrate Ist Class, Ludhiana. The relevant portion of the said report is reproduced hereinbelow:-

'Respected Sir,

In compliance of the order dated 04.04.2022 passed in CRM-M-29142-2021 by Hon'ble Punjab and Haryana High Court at Chandigarh, I have the honour to submit as under:

1. The undersigned has recorded the statement of complainant namely Manjit Singh son of Nirmal Singh who stated in his statement that he is complainant of the present case and on his statement present case bearing FIR No. 365 dated 25.12.2020 registered under Section 306 IPC, Police Station Salemn Tabri, Ludhiana was registered against accused persons namely Kushal Singh and Arsh Vikram Singh and now with the intervention of respectables, he has entered into compromise vide compromise deed Ex.PA with the accused persons without any pressure, coercion and undue influence. He has no objection, if the present FIR be quashed. He also placed on record copy of his Aadhar card Ex-Pl as his identity proof. Statement of Manjinder Kaur (wife of deceased Ravinder Singh), Partap Singh and Tej Kaur also got recorded to this effect. Therea fter, separate statement of accused namely Arsh Vikram Singh was recorded who stated in his statement that he is accused in above said FIR and now with the intervention of respectables, he had entered into compromise with the complainant along with others as stated in compromise deed Ex. PA, without any pressure, coercion and undue influence. He further stated in his statement that no P.O. proceedings are pending against him nor he had been declared P.O. in any case and in any court. He had also placed on record his Aadhar card a