The court can quash FIR and cross case on the basis of compromise if the compromise is found to be genuine, voluntary, and without coercion or undue influence, and if none of the accused is a proclaimed offender and there are no other criminal cases against the accused-petitioners.

JUDGMENT :

HARSIMRAN SINGH SETHI, J.

1. By this common order, two petitions are being disposed of as these petitions arise out of the same incident for which the FIR in question as well as the cross case was registered.

2. Present two petitions, which have been filed for quashing of FIR No. 01, dated 05.01.2016, registered under Sections 323, 325, 308, 427, 341, 148, 149 IPC at Police Station Chatiwind, District Amritsar Rural as well as cross case being Rapat No. 23, dated 31.01.2016, registered under Sections 323, 325, 427, 34 IPC at Police Station Chatiwind, District Amritsar Rural and all other subsequent proceedings arising therefrom, on the basis of compromise entered into between the parties.

3. On 16.05.2023, a Coordinate Bench of this Court had passed the following order:

“CRM-21922-2023 in CRM-M-17942-2023

Instant application has been filed for placing on record the affidavit of respondent No. 4 as Annexure P- 6 and for placing on record the amended memo of parties.

In view of the submissions made in the application, the same is allowed as prayed for. Annexure P-6 is taken on record. Amended memo of parties be also tagged by the Registry at the appropriate place.

Main Cases

(1) These are the petitions filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No. 01 dated 05.01.2016 under Sections 323, 325, 308, 427, 341, 148 and 149 IPC registered at Police Station Chatiwind, District Amritsar, Rural, (Annexure P-1) and cross-version having rapat No. 23 of 31.01.2016 registered under Sections 323, 325, 427 and 34 IPC registered at Police Station Chatiwind, District Amritsar, Rural, (Annexure P-2) all consequential proceedings arising therefrom on the basis of compromise (Annexure P-3) respectively, executed between the parties.

(2) Learned counsel for the petitioners in CRM-M-17951-2023 submits that FIR was registered at the instance of respondent No. 2. He further contends that cross-version was registered on the statement of Sandeep Singh and during the pendency of the petitions, matter has since been compromised with the intervention of the respectables.

(3) Notice of motion.

(4) At the asking of the Court, Mr. Shubham Kaushik, AAG, Punjab, accepts notice on behalf of the State. Let the copy of the petition be handed over to the counsel opposite during the course of the day.

(5) Learned counsel for respondent Nos. 2 and 3 in both the cases admits the factum of compromise.

(6) Accordingly, the private parties are directed to appear before the concerned trial Court/Duty Magistrate on 29.05.2023 or any other date, convenient to the Court for recording their statements with regard to compromise/settlement. Trial Court/Duty Magistrate 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 in FIR.

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 case or not.

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

(7) To await report of the trial Court, adjourned to 11.07.2023.

(8) A photocopy of the order be placed on the file of other connected case.”

4. A report dated 05.07.2023 appended as (Annexure-A) has come from Additional District and Sessions Judge, Amritsar addressed to the Registrar General of this Court along with the statements of the accused-petitioners as well as the complainant, which have been recorded. As per the said report, the compromise between the parties is genuine, voluntary and without any coercion or undue influence and none of the accused has been declared as proclaimed offender and no other criminal proceedings are pending against them. The relevant portion of the report is as under:

“1. As per the statement of investigating officer Retired ASI Manjit Singh, init