264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.01.2025 RAVI KUMAR AND OTHERS .....Petitioners Versus STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. R.S.Dhillon, Advocate for the petitioners.

Mr. Randhir Singh Thind, DAG Punjab.

Ms. Bhupinder Kaur Bhangu, Advocate for respondent No.2.

KIRTI SINGH, J.(Oral)

This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.14 dated 27.03.2023 under Sections 376 and 506 of IPC registered at Police Station Khuhi Khera, District Fazilka, along with all the subsequent proceedings arising therefrom, on the basis of compromise dated

25.11.2023 (Annexure P-2).

2. Learned counsel for the petitioner relies upon a judgment of the Hon’ble Supreme Court in Kapil Gupta Vs. State of N.C.T. of Delhi and another, 2022 (4) RCR (Crl.) 497, to contend that FIR under Section 376 of IPC (now Section 64 of Bharatiya Nyaya Sanhita, 2023) can be quashed on the basis of compromise. Learned counsel has further relied upon a judgment of this Court in Karan Sharma Vs. State of Haryana and another, 2021(1) Law Herald 149 and contends that once the parties have compromised the matter and decided to live in peace, no useful purpose will be served in allowing the criminal proceedings to continue.

3. The following order was passed on 07.08.2024:-

“1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No.14 dated 27.03.2023, under Sections 376, 506 IPC, 1860, registered at Police Station Khuhi Khera, District Fazilka (Annexure P-1), on the basis of compromise deed dated 25.11.2023 (Annexure P-2), executed between the parties.

2. Learned counsel for the petitioners inter alia contends that the petitioners and respondent No.2 have effected a compromise. Petitioner No.1- Ravi Kumar and respondent No.2 have solemnized marriage, as per the Marriage Certificate (Annexure P-1/A) and even a male child has been born out of the wedlock on 03.08.2024. Copy of the Marriage Certificate shall be handed over to the Investigating Officer, as such, respondent No.2 does not want to take any action on the basis of the FIR, which has been registered on account of a misunderstanding.

3. Notice of motion.

4. On the asking of the Court, Mr. Davinder Bir Singh, Sr. DAG, Punjab accepts notice on behalf of respondent No. 1-State.

5. Mr. Barjinder Singh, Advocate put in appearance and accepts notice on behalf of Ms. Bhupinder Kaur, Advocate, for respondent No.2 and seeks a short accommodation to file ‘vakalatnama’. He confirms about factum of compromise between the parties.

6. Copies of the petition be handed over to learned counsel for the respondents during the course of the day.

7. In the meantime, the parties are directed to appear before the trial Court/Illaqa Magistrate on or before 14.09.2024 for recording of their statements. After recording the statements of all the accused, victim, complainant and injured if any, the trial Court/Illaqa Magistrate shall send a report to this Court on the following facts well before the next date of hearing:-

I. Whether a genuine compromise has been arrived at between all the affected parties.

II. Whether the complainant, all the injured/victim and all the accused are party to the compromise?

III Whether during investigation, any additional accused has been added and he/she is a party to the compromise?

IV Whether any accused is a Proclaimed Offender?

V Whether after the registration of the FIR any offence was added or deleted during investigation?

VI Whether investigation is pending against any of the accused or any accused has been declared as innocent.

8. Adjourned to 24.10.2024 for awaiting report from the trial Court.”

4. Heard learned counsel for the parties and also gone through the case file.

5. This Court vide order dated 07.08.2024, directed the parties to appear before the Area Magistrate/trial Court for recording their statements with regard to the c