IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

322 CRM-M-62564-2025 GURPREET SINGH AND OTHERS ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS Date of decision: 11.12.2025 Date of Uploading:11.12.2025 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Sukhbir Maandi, Advocate for the petitioners.

Mr. Hemant Aggarwal, AAG, Punjab.

Mr. J.S. Mahal, Advocate for respondent No.2.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of cross case bearing GD No.46 dated 02.08.2025 Annexure P-2 under Sections 115(2), 126(2), 191(3), 190 of BNS, Police Station Boha, District Mansa in FIR No.119 dated 02.08.2025 under Sections 118(1), 115(2), 3(5) of BNS, registered at Police Station Boha, District Mansa and all consequential proceedings arising therefrom on the basis of compromise dated 22.09.2025 (Annexure P-3), which is stated to have been effected between the parties.

2. On 11.11.2025, the following order was passed:

“The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Learned counsel for the petitioners has submitted that all concerned are parties to the present petition in terms of the dicta of the Division Bench judgment of this Court passed in ‘Rakesh Das Vs. State of Haryana and another’, Neutral Citation: 2024:PHHC;147654-DB.

Notice of motion.

At this stage, Mr. Amit Kumar Goyal, Addl. AG, Punjab has putin appearance on behalf of respondent No.1-State of Punjab and accepts notice.

Mr. J.S. Mahal, Advocate appearing on behalf of Mr. Dhanvir Batish, Advocate has entered appearance on behalf of respondent No.2 (in CRM- M-62564-2025). Mr. Paras Jagga, Advocate has entered appearance on behalf of respondent No.2 (in CRM-M-62769-2025).

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

(i) The parties shall appear before the trial Court/Illaqa Magistrate concerned on 20.11.2025 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner 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 seeki