IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

245-2 CRM-M-57340-2024 Date of decision: 07.01.2025 AVTAR SINGH AND OTHERS ....PETITIONERS V/s STATE OF PUNJAB AND OTHERS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vivek Singla, Advocate for the petitioners.

Mr. Yuvraj Singh Tiwana, AAG, Punjab.

Mr. Vikas Gupta, Advocate for respondent Nos.2 and 3.

*****

SUMEET GOEL , J .

The present petition has been filed on 11.11.2024 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 DDR No.20 dated 11.04.2024 under Section 323, 325, 326, 148, 149 of IPC registered at Police Station Khalra, District Tarn Taran in FIR No.37 dated 05.04.2024 under Sections 323, 325, 506, 452, 148, 149 of IPC, registered at Police Station, Khalra, District Tarn Taran and all consequential proceedings arising therefrom on the basis of compromise dated 17.09.2024 (Annexure P-3), which is stated to have been effected between the parties.

2. On 19.11.2024, 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 03.12.2024, 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 DDR No. Dated Police Station Sections

20 11.04.2024 Khalra, District 323, 325,326, 148, Tarn Taran 149 IPC FIR No. Dated Police Station Sections

37 05.04.2024 Khalra, District 323, 325, 506, 452, Tarn Taran 148, 149 IPC

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

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 along with CRM-M-57327-2024 on 17.12.2024.”

3. Pursuant to the aforesaid order, report dated 12.12.2024 from Judicial Magistrate Ist Class, Patti, Tarn Taran has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

20 11.04.2024 Khalra, District 323, 325,326, 148, Tarn Taran 149 IPC FIR No. Dated Police Station Sections

37 05.04.2024 Khalra, District 323, 325, 506, 452, Tarn Taran 148, 149 IPC