JUDGMENT

Sanjay Vashisth, J. (Oral) - The present application has been filed under Section 482 Cr.PC for placing on record MLR dated 14.07.2021 (Annexure P-4). Notice of this application. Learned State counsel as well as learned counsel for respondent No.2, who are present in Court, accept notice on behalf of non-applicant/respondents. Accordingly, MLR dated 14.07.2021 (Annexure P-4) filed along with the application is taken on record, subject to all just exceptions. CRM stands disposed of.

CRM-M-30552-2021

1. The present petition under Section 482, Cr.P.C., has been filed by the petitioner, for quashing of FIR No. 346, dated 14.07.2021 (Annexure P-1), for the offences punishable under Section 326-B of IPC, at Police Station City Barnala, District Barnala, and all the consequential proceedings arising therefrom, on the basis of compromise/affidavit dated 16.07.2021 (Annexure P-2).

2. Vide order dated 03.08.2021, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the order dated 03.08.2021, passed by this Court, the parties have appeared before learned Judicial Magistrate Ist Class, Barnala, and as per report dated 13.08.2021, submitted to this Court, both the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

'I have the honour to submit that in pursuance of the order dated 03.08.2021 passed in CRM-M-30552 of 2021 (O&M) by the Hon'ble High Court, respondent/complainant Vishal Jindal aged about 48 years profession photographer son of Darshan Kumar resident of K.C Road near Easyday, Kundan Soap Factory Wali Gali, Barnala Teshil and District Barnala appeared in the court on 06.08.2021 and petitioner/accused namely Prem Chand son of Har Parsad resident of H. No. B X/893 Kundan Soap Factory Wali Gali, KC road Barnala produced in the court from custody on 13.08.2021 and and got recorded their statements to the effect that they have compromised the matter with the intervention of respectables without any pressure or coercion and have no objection if present FIR no.346 dt. 14.07.2021, under Section 326-B IPC of IPC, PS City Barnala is quashed. Statement of ASI Baljit Singh no.586/BNL posted at P.S City Barnala has also been recorded who stated that Prem Chand son of Har Parsad resident of # B-X/893. Gali Kundan Soap Factory, K.C road, Barnala was arrayed as accused in FIR no.346 dt. 14.07.2021, under Section 326-B IPC of IPC, PS City Barnala and that no accused is proclaimed offender in this case and proclamation proceedings are not pending against him in this case. He stated that except respondent/complainant Vishal Jindal son of Darshan Kumar, there is no other complainant or affected aggrieved/party in present case. He stated that except the present case no other criminal proceedings are pending against the said accused. (Statement of ASI Baljit Singh no.586/BNL posted at P.S City Barnala recorded and attached with the report).

From the statements recorded in the Court, it appears that the compromise effected between the complainant & accused is genuine, without any pressure and coercion or undue influence.

The statements recorded by the parties are enclosed herewith.'

4. Learned counsel for the petitioners urged that due to intervention of the respectable and elderly people of the society, the matter has been resolved and private parties have effected a compromise/affidavit dated 16.07.2021 (Annexure P-2). At present, there remains no dispute amongst the private parties. He further submits that in view of the compromise so effected between the private parties, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law.

5. Le