141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48063-2024 (O&M) Date of decision : 09.04.2025 Suhail Kataria ... Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Angad Parmar, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG, Punjab.

Mr. Kashish Thakur, Advocate for Mr. Prikshit Thakur, Advocate respondent No.2.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), praying for quashing of FIR No.18 dated 16.02.2023 (P-1), under Sections 279, 337 and 338 of Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Navi Baradari, District Police Commissionerate Jalandhar, along with all consequential proceedings arising therefrom on the basis of compromise dated 12.09.2024 (P-3), entered into between the parties i.e. petitioner as well as respondent No.2.

2. Learned counsel for the petitioner has produced on record receipt of costs deposited in terms of the order 25.09.2024 passed by Co- ordinate Bench of this Court. The same is taken on record as Mark ‘X’.

Registry to do the needful.

3. Allegations are that the petitioner while driving the Activa scooter in a rash or negligent manner hit the de facto complainant Munish Bahri, due to which he received injuries on his person.

4. Contends that matter has been amicably settled between the parties, i.e. petitioner as well as respondent No.2; hence FIR in question as well as consequential proceedings deserve to be quashed.

5. Learned counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioner.

6. Still further, learned State Counsel, on instructions from the police officer present, is not averse in case the above FIR along with consequential proceedings are quashed and set aside on the basis of the compromise entered into between the parties i.e. petitioner well as respondent No.2.

7. Heard learned counsel for the parties and perused the paper-

book.

8. The Co-ordinate Bench, while issuing notice of motion on

25.09.2024, passed the following order:-

“The prayer in the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR No.18, dated 16.02.2023, under Sections 279, 337, 338 of IPC, 1860, registered at Police Station Navi Baradari, District Police Commissionerate, Jalandhar and challan/report under Section 173 Cr.P.C. along with all subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties.

Notice of motion.

At the asking of the Court, Ms. Manjot Kaur, AAG, Punjab appears and accepts notice on behalf of respondent No.1-State. A copy of the paper book be supplied to her during the course of the day.

Mr. Prikshit Thakur, Advocate, has appeared and filed his power of attorney on behalf of respondent No.2. He affirmed the factum of compromise between the parties.

Let the parties to appear before the trial Court/Illaqa Magistrate, as the case may be, within a period of 30 days, for getting their statements recorded with regard to the compromise by moving an application or presenting this order. The statements of the parties with regard to the compromise may be recorded on the same day or on any other day convenient to trial Court/Illaqa Magistrate but not later than six days thereof. Trial Court is directed to report on the following points:-

(i) how many total accused are facing the trial;

(ii) whether challan is presented in the Court? If so, against how many accused;

(iii) whether any of the accused was declared proclaimed offender at any stage of trial;

(iv) status/stage of the trial/case;

(v) to record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise;

(vi) to record the statement of Investigating Officer with regard to points No.(i), (ii), (iii) and (iv) as above.

Report be sent through the District & Sessions