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2026 Supreme(P&H) 159

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sumeet Goel, J.
Kishori Lal And Ors .- Petitioners
Versus
State Of Punjab And Ors. - Respondents
CRM-M-9052-2026
Decided On : 01-04-2026

Advocates Appeared:
For the Petitioner:Mr. Daljeet Singh Randhawa, Advocate and Mr. Ranbir Singh Bullar, Advocate
For the Respondent:Mr. Baljinder Singh Sra, Addl. AG, Mr. Amandeep Singh Manaise, Advocate

JUDGMENT :

SUMEET GOEL , J .

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No. 74 dated 09.07.2025 under Sections 299, 351(3), 324(2), 61(2) of BNS, registered at Police Station Shahpur Kandi, District Pathankot, and all consequential proceedings arising therefrom on the basis of compromise dated 01.08.2025 (Annexure P-2), which is stated to have been effected between the parties.

2. On 17.02.2026, the following order was passed:

“This petition has been filed for quashing of FIR No.74, dated 09.07.2025, registered under Sections 299, 351(3), 324(2), 61(2) of BNS, at Police Station Shahpur Kandi, District Pathankot along with all subsequent proceedings arising therefrom, on the basis of compromise dated 01.08.2025 (Annexure P-2) arrived at between the parties.

Counsel for the petitioner has mentioned in memo of parties of the petition that the petitioners have not been declared as proclaimed person(s).

Notice of motion.

Ms. Ruchika Sabherwal, learned Sr. DAG, Punjab accepts notice on behalf of respondent No.1-State and Mr. Amandeep Singh Manaise Advocate accepts notice on behalf of respondents No.2 and 3 and has filed his power of attorney. The same is taken on record. He has admitted the factum of compromise effected between the parties.

The parties and Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on 27.02.2026 or any other future date as per its convenience or on request of the parties for getting their statements recorded with regard to the compromise. However, it is made clear that no further adjournment shall be granted to the parties for that purpose. The Illaqa/Duty Magistrate shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the following:-

1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/proclaimed persons, in the case;

2. the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. the stage of trial/proceedings pending;

4. if the compromise is genuine, voluntary and out of free will of the parties.

5. Whether any other criminal case pending against the accused.

Report of Illaqa/Duty Magistrate be awaited for 27.03.2026. The trial Court shall ensure that the complainant(s)/victim(s) is/are duly identified by the local counsel while recording his/her/their statement(s). Simultaneously photographs of the complainant(s)/victim(s) be also affixed on his/her/their statement(s) by the trial Court.”

3. Pursuant to the aforesaid order, report dated 17.03.2026 from Judicial Magistrate Ist Class, Pathankot has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

“1. There are file accused namely Kishori Lal, Kalyan Chand, Kamlesh Kumari, Varinder Nath and Lekh Raj in the present FIR. All the accused have appeared before the court for recording their statement qua compromise.

As per report of Investigating Officer and as per case file, accused have not been declared proclaimed offender.

2. As per police record, statement of complainant Ravi Goyal as well as statement of Investigating Officer, there are two complainants namely Ravi Goyal and Sanjay Prashar who had set a criminal law in motion. Out of them only Ravi Goyal has appeared for making statement qua compromise. Other complainant Sanjay Prasher is neither party before Hon'ble High Court nor has appeared to make a statement qua compromise.

Undersigned is hesitant to add that otherwise both the complainants were aggrieved only in the sense that they were devotees of (Sangat Samtavad Trust). Said Sangat Samtavad and Trust having head office at Samtayog Ashram is otherwise represented before Hon'ble Hihg Court through the authorized representative and Special Power of Attorney Munish Bajaj who appeared before this court f

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