JUDGMENT :

Sumeet Goel, J.

The present petition has been filed on 02.08.2024 under Section 482 of Cr.P.C. for quashing of FIR.

As per the judgment rendered by this Court titled as 'Abhishek Jain Vs. Stale of U.T. Chandigarh and another (CRM-M-31808-2024 : 2024:PHHC:085784), the present petition is not maintainable under Section 482 of Cr.P.C. for quashing of FIR. However, keeping in view the entirety of facts and circumstances of the case especially that the present petition pertains to quashing of FIR on basis of compromise, the present petition is directed to be considered as a petition under Section 528 of BNSS, 2023.

1. By way of present petition, the petitioner is seeking quashing of FIR No. 158 dated 30.06.2020 under Sections 279, 336, 427 of IPC, registered at Police Station Jui Kalan, District Bhiwani, Haryana and all consequential proceedings arising therefrom on the basis of compromise dated 29.07.2024 (Annexure P-2), which is stated to have been effected between the parties.

2. On 28.08.2024, the following order was passed:

"Status report filed by respondent-State is taken on record, subject to just exceptions.

Let statements of petitioner and respondent No. 2 be recorded with regard to compromise, on or before 20.09.2024 by learned Illaqa/Duty Magistrate concerned, as per convenience of said Court. In the event of their statements being recorded, Court will send copies of same to this Court before next date of hearing along with its report i.e,

1. The number of accused in the aforesaid FIR and to report whether any of accused has been declared proclaimed offender(s) or any such proceedings have been initiated or pending against him/them.

2. Whether compromise entered between the parties is genuine, voluntary without any coercion or undue influence.

3. Statement of IO regarding involvement of petitioner in any other FIR.

4. Status of trial pending before the Court concerned.

To await the report, list again on 15.10.2024.

Status report be also filed by respondent - State by the adjourned date. "

3. Pursuant to the aforesaid order, report dated 09.09.2024 from Additional Chief Judicial Magistrate, Bhiwani, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:

"4. On 07.09.2024, Investigating Officer SI Jagdish Kumar, presently posted at Police Station Loharu, appeared and suffered a statement that he is the Investigating Officer in this case. There is only one accused namely Anil son of Jaibir. He has not been declared proclaimed person/offender in this case or any other case and no such proceedings are pending and have never been initiated against him. No other case has been registered against the accused Anil.

5. In view of the aforesaid submissions of parties named above, this Court is of the opinion that the compromise between the parties (petitioner and respondent) named above, is voluntary and genuine as well as outcome of free consent of parties, and without any pressure, fear and greed etc. It is further submitted that as per the statement of investigating officer, there is only one accused in the present case and that accused has never been declared proclaimed offender/person in any case and no such proceedings have been initiated or pending. The accused has not been involved in any other FIR. Present case is pending in this Court for 05.02.2025 for prosecution evidence. "

4. Learned counsel for respondent No.2 admits the factum of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner are quashed.

5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).

6. I have heard learned Counsel for the parties and have carefully gone through the records of the case.

7. This Court and the Hon'ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoun