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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. In this petition under Section 528, Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) 2023, the prayer is for quashing FIR No.25 dated 01.02.2024, under Sections 376(2)(n) IPC, Section 3(2)(v) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Added later) registered at Police Station Thanesar City, District Kurukshetra (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 21.11.2025 (Annexure P-4) effected between the parties.
2. On 10.02.2026, this Court directed the parties to appear before the trial Court/Illaqa/Duty Magistrate for recording of their statements regarding compromise dated 21.11.2025 on 23.02.2026 or any other date convenient to the Court.
3. In compliance of the aforesaid order, parties appeared before learned Additional District & Sessions Judge, Kurukshetra on 23.02.2026 Statement of SI Ramandeep Kaur was also recorded. Learned Additional District & Sessions Judge, Kurukshetra has submitted his report dated 27.02.2026 recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Report submitted is as under :-
“1
The genuineness and voluntariness of a compromise, the nature of the offences, and relevant legal precedents are crucial in deciding the quashing of an FIR.
Inherent powers under Section 528 BNSS should not quash heinous offences like rape on mere compromise; courts must scrutinize genuineness, terms, timing, and circumstances to prevent abuse or premium....
The main legal point established is that the court has the power to quash criminal proceedings based on a genuine compromise between the parties, especially when it would prevent abuse of the process....
The court may quash FIRs under the SC/ST Act based on voluntary compromise, provided the act's objectives are not undermined.
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