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2026 Supreme(P&H) 114

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J.
Jaspreet Singh Gill And Others - Petitioners
Versus
State Of Punjab And Another - Respondents
CRM-M-11472-2026
Decided On : 01-04-2026

Advocates Appeared:
For the Petitioner:Mr. M.S. Dhaliwal, Advocate
For the Respondent:Mr. Gaurav Gurcharan S. Rai, Sr. DAG, Mr. SPS Aulakh, Advocate

JUDGMENT :

SUMEET GOEL , J .

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.23 dated 09.03.2025 under Sections 308(2), 285, 251(2), 190 and 61(2) of BNS, registered at Police Station Meharban, District Police Commissionerate, Ludhiana and all consequential proceedings arising therefrom on the basis of compromise dated 24.01.2026 (Annexure P-2) along with Affidavit of respondent dated 06.02.2026 (Annexure P-3), which is stated to have been effected between the parties.

2. On 27.02.2026, the following order was passed:

“The petitioners have approached this Court seeking quashing of FIR and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Notice of motion.

On advance copy, Mr. Baljinder Singh Sra, Addl. AG, Punjab has entered appearance on behalf of the respondent/State. At this stage, Mr. SPS Aulakh, Advocate has entered appearance on behalf of the respondent no.2.

The parties are directed to get their statements recorded qua the factum of compromise in the following manner:

(i) The petitioners shall appear before the trial Court/Illaqa Magistrate concerned on 7.3.2026 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioners as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.

(iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate.

After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion. The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:

(i) Whether there is any other accused other than the petitioners, arrayed in this petition?

(ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition?

(iii) Whether any accused has been declared Proclaimed Offender?

The report be submitted before this Court before the next date of hearing i.e. 1.4.2026.

Petitioner is directed to deposit a sum of Rs.30,000/- in total as costs with the Sai Aasra Paraplegic Rehab Centre in A/c No.9612001641, Kotak Mahindra Bank, Sector 27-D, Chandigarh, IFSC No.: KKBK0004201.

Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove.”

3. Pursuant to the aforesaid order, report dated 30.03.2026 from Judicial Magistrate Ist Class, Ludhiana has be

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