Advocates:
Advocate Appeared:
For the Appellant :Mr. Sukhdeep Singh Bhinder, Advocate
For the Respondent:Mr. J.S. Arora, DAG Punjab. Mr. Ravi Ambawata, Advocate for Mr. Deepak Aggarwal, Advocate

JUDGMENT :

Pankaj Jain, J. (Oral) 

By way of present petition, the petitioners are seeking quashing of FIR No.4 dated 12.01.2023 registered under Sections 420/120-B, at Police Station Women Bathinda and all consequent proceedings arising therefrom on the basis of compromise.

2. On 05.02.2024, the following order was passed:

"The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioners seeking quashing of FIR No.4 dated 12.01.2023, registered for offences punishable under Sections 420/120-B IPC, at Police Station Women Bathinda.

Learned counsel for the petitioners contends that the matter already stands compromised vide Annexure P-2.

Notice of motion for 08.04.2024.

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1-State. Mr. Deepak Aggarwal, Advocate appears and accepts notice on behalf of respondent No.2 and admits the fact of there being a compromise between the parties.

In view of the above, both the parties are directed to appear before learned Duty Magistrate/Illaqa Magistrate/trial Court on 26.02.2024. On their doing so, the learned Duty Magistrate/Illaqa Magistrate/trial Court shall record their statements and furnish its report to this Court by the next date of hearing on the following aspects:-

A copy of the report be also sent to the Registrar Judicial of this Court.

Needless to say that in case for any reason the statements are not recorded on the aforesaid date, the learned Duty Magistrate/Illaqa Magistrate/trial Court shall be at liberty to call the parties on any other date but not later than a week thereafter."

3. Pursuant to the aforesaid order, report dated 05.03.2024 from Judicial Magistrate 1st Class, Bathinda has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

""In view of the above, both the parties are directed to appear before Ld. Duty Magistrate/Illaqa Magistrate/Trial Court on 26.02.2024. On their doing so, the Ld. Duty Magistrate/Illaqa Magistrate/Trial Court shall record their statements and furnish its report to this Court by the next date of hearing". Report be forwarded to this Court specifying the following".

2. On 26.02.2024, in order to get their statements recorded. parties appeared before the undersigned/Trial Court. After perusing the record, and in compliance of aforementioned order of Hon'ble High Court. As Investigating Officer did not appear, he was again called for 28.02.2024 and 10 appeared on 28.02.2024 and got recorded his statement.

3. The complainant Gurmeet Kaur appeared and has suffered a statement to the effect of stating that matter has been compromised with petitioners No. 1 and 2 namely Pardeep Singh Brar S/o Lakhveer Singh R/o village Kot Dharmu District Mansa now residing at 6 GARNEY COURT, BRAMPTON, ONL6Y4M7 (Canada), through his power of attorney holder Sh Lakhveer Singh S/o Gurbachan Singh R/o Village Kot Dharmu, Distt Mansa and Lakhveer Singh S/o Gurbachan Singh Ro Village Kot Dharmu Distt Mansa, voluntarily and without the threat, coercion or undue influence. The present FIR No. 4 Dated 12 .01.2023, u/s 420/120-B of IPC, PS Women, Bathinda may kindly be quashed on the basis of compromise. She has already seen the photocopy of compromise which is Ex. C-1. She produce copy of her Aadhar Card as Mark A.

4 Accused namely Pardeep Singh Brar through his power of attorney Sh. Lakhveer Singh Sto Gurbachan Singh R/o Village Kot Dharmu, District Mansa and Lakhveer Singh have also appeared and conceded to the statement suffered by complainant Gurmeet Kaur and recorded his statement. He has produced copy of his Aadhar Card as a token of his identity as Mark B and photocopy of power of attorney is Mark C.

5. The Investigating Officer of this case namely ASI Bhupinder Singh No. 1112, PS Women, Bathinda is also present and also identified the parties. He suffered statement to that effect that he is IO in FIR No. 4 dated 12.01.2023 unde