The central legal point established in the judgment is that the power u/s 482 Cr.P.C. can be invoked to quash proceedings based on a compromise between the parties in matters predominantly of civil character, and the nature of the offences and the voluntary nature of the compromise are crucial factors in making such a decision.

JUDGMENT

Pankaj Jain, J. (Oral) - By way of present petition, the petitioners are seeking quashing of FIR No.125 dated 26.9.2018, registered for the offence punishable under Sections 406, 420, 120-B of the Indian Penal Code, Police Station Phase 11, Mohali, on the basis of compromise dated 11.1.2019 (Annexure P-2).

2. On 19.5.2023, the following order was passed:-

'Petitioners have filed the instant petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 125 dated 26.09.2018 (Annexure P-1) under Sections 120-B, 406 and 420 of the Indian Penal Code, registered at Police Station Phase-XI, Mohali, along with all consequential proceedings arising therefrom on the basis of order dated 11.01.2019 (Annexure P-2) passed by the Court of Additional Sessions Judge, S.A.S., Nagar, wherein it has been mentioned that the compromise has been arrived at between the parties before the Mediation Centre.

Mr. Iranpreet Singh, Advocate appears and files Vakalatnama on behalf of respondent No.2 in the Court today, which is taken on record, subject to all just exceptions. He admits the factum of compromise arrived at between the parties.

List on 31.07.2023.

In the meanwhile, the parties are directed to appear before trial Court/Illaqa Magistrate for recording of their respective statements with regard to the compromise, on or before 04.07.2023 or any other date convenient to the said Court.

The Illaqa Magistrate/trial Court is directed to submit a report containing the following information as well:-

(i) Number of persons arrayed as accused in FIR and those found involved during investigation;

(ii)What is the status of the proceedings of the case/ FIR;

(iii) Whether any accused is proclaimed offender;

(iv) Whether the accused persons are involved in any other case or not:

(v) Whether all the concerned have signed the compromise deed;

(vi) Whether the compromise is genuine, voluntary, and without any coercion or undue influence;

(vii) 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.

The aforesaid report be ensured to be sent to this Court on or before the date fixed."

3. Pursuant to the aforesaid order, report from Judicial Magistrate Ist Class, S.A.S. Nagar, Mohali dated 15.7.2023 has been received, which is taken on record. As per the report, the trial Court has recorded as follows:-

'On the subject cited above, I have the honour to submit that in the above mentioned case, Hon'ble Punjab & Haryana High Court, Chandigarh, vide order dated 19.05.2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate, on or before 04.07.2023 or any other date convenient to the said court, for getting their statements recorded with regard to compromise, in FIR No.125 dated 26.09.2018 under Section 406, 420 120-B of IPC, registered at Police Station Phase-XI, Mohali.

Complainant/respondent no.2 Hitender Kundu son of Satvir Singh came present in court and recorded his separate statement that the FIR No. 125 dated 26.09.2018. U/s 406, 420, 120-B IPC was registered at Police Station Phase-11, District SAS Nagar, Mohali against accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh on the basis of his complaint/statement. Now, he has entered into a compromise with regard to the said FIR in the present case with the accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh in the present FIR. The compromise is genuine. He further stated that the compromise has been effected between him and accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh voluntarily, out of his free will, without any kind of pressure, coercion or undue influence etc. Except the present statement, they had not executed any written compromise deed. He has no objection, if the aforesaid FIR is quashed against the above said accused p