IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

244 CRM-M-52692-2024 Date of decision: 07.01.2025 SIMRANJIT KAUR AND ORS ....PETITIONERS V/s STATE OF PUNJAB AND ORS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Narinder S. Lucky, Advocate for the petitioners.

Mr. Yuvraj Singh Tiwana, AAG, Punjab.

Ms. Shivani, Advocate for respondent Nos. 2 and 3.

*****

SUMEET GOEL , J .

The present petition has been filed on 16.10.2024 under Section 482 of Cr.P.C. for quashing of FIR.

As per the judgment rendered by this Court titled as ‘Abhishek Jain Vs. State of U.T. Chandigarh and another (CRM-M-31808- 2024:2024:PHHC:085784), the present petition is not maintainable under Section 482 of Cr.P.C. for quashing of FIR. However, keeping in view the entirety of facts and circumstances of the case especially that the present petition pertains to quashing of FIR on basis of compromise, the present petition is directed to be considered as a petition under Section 528 of BNSS, 2023.

1. By way of present petition, the petitioners are seeking quashing of FIR No.0104 dated 15.05.2024 under Section 420 of IPC, registered at Police Station, Phagwara City, District Kapurthala and all consequential proceedings arising therefrom on the basis of compromise dated 30.08.2024 (Annexure P-2), which is stated to have been effected between the parties.

2. On 23.10.2024, the following order was passed:

The petitioner(s) arraigned as accused in the FIR captioned below, have come up before this Court under Section 482 Cr.P.C. to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s).

Notice served upon the official respondent(s) through State counsel. In case the State wants to file its response, they must do so positively before the next date.

Counsel for the petitioners undertakes to inform private respondent(s) and will ensure presence of all victim(s)/ private respondent(s) before trial Court for their statements.

Given above, the petitioner(s) and the private respondent(s), and all other victim(s), if not arraigned as respondents, to appear before the concerned Trial Court/Illaqa Magistrate/Duty Magistrate on 08.11.2024, for getting their statements recorded with regard to the compromise arrived at between them. Before recording their statements, the Ld. Judge should ensure the following aspects and send the report, in the following format, preferably before the next date fixed in this court:

Name of the reporting Court FIR No. Dated Police Station Sections

104 15.05.2024 Phagwara City, 420 IPC, 1860 District Kapurthala

1. Names of the complainant/ victims(s)/aggrieved persons(s)

2. Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded

3. Has the identity of the complainant/ Yes/No victims(s)/ aggrieved persons(s) been verified?

4. Whether all the victims/ all the aggrieved persons Yes/No have compromised the matter?

5. Is there pressure, threat, or coercion Yes/No upon the victim(s)/aggrieved person(s)/complainant?

6. Names of the accused person(s)

7. Dates on which the statement(s) of the accused persons(s) recorded

8. Whether all the accused have compromised the Yes/No matter? If no, then the names of the accused who have compromised.

9.	Whether proclamation proceedings are pending against any accused?	Yes/No
10.	Has the police report been filed or not?	Yes/No
11.	Notice of accusation /Charges have been framed or not?	Yes/No
12.	Sections of statutes invoked in the matter
13.	Whether the court is satisfied with the genuineness of the compromise	Yes/No

There would be no need for a certified copy of this order, and any Advocate for the Petitioners/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use, if required.

List on 20.11.2024.

Click Here to Read the rest of this document