IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

286 CRM-M-38876-2024 Date of decision: 13.01.2025 PARDEEP SINGH ....PETITIONER V/s STATE OF PUNJAB AND ANR ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Amit Arora, Advocate for the petitioner.

Ms. Avneet, AAG, Punjab.

Ms. Garima Chaudhary, Advocate for respondent No.2.

*****

SUMEET GOEL , J .

The present petition has been filed on 06.08.2024 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 petitioner is seeking quashing of FIR No.333 dated 07.12.2023 under Sections 427, 353, 186, 506, 34 of IPC, registered at Police Station City Tarn Taran, District Tarn Taran and all consequential proceedings arising therefrom on the basis of compromise dated 25.07.2024 (Annexure P-2), which is stated to have been effected between the parties.

2 On 12.08.2024, the following order was passed:

“The Prayer in this petition under Section 482 Cr.PC is for the quashing of the FIR No.333 dated 07.12.2023 under Sections 427, 353, 186, 506, 34 IPC registered at P.S. City Tarn Taran, District Tarn Taran and all other consequential proceedings arising therefrom, on the basis of compromise dated 25.07.2024 (Annexure P-2) entered into between the parties.

Learned counsel for the petitioners Learned counsel for the petitioners submits that in order to live peacefully, parties have entered into Compromise according to which, both the parties have agreed not to proceed further with the FIR in question.

Notice of motion for 13.01.2025.

Ms. Ramta K Chaudhary, Deputy Advocate General, Punjab accepts notice on behalf of respondent no.1-State of Punjab whereas Mr. Parminder Singh Kanwar, Advocate accepts notice on behalf of respondent no.2 and has filed his power of attorney. He does not dispute the above said compromise, which has been arrive at between the parties, according to which, complainant does not wish to press the allegations alleged in the complaint any further.

Keeping in view the above, the parties are directed to appear before the trial Court/Illaqa Magistrate for recording of their statements on 11.11.2024 with regard to the compromise by moving an appropriate application or by presenting this order. The Trial Court/Illaqa Magistrate is directed to submit the report on or before the next date of hearing containing the following information:-

1. Number of persons arrayed as accused in the FIR;

2. Whether any accused is a proclaimed offender;

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence;

4. Whether the accused persons are involved in any other FIR or not; and

5. The statements of the complainant and all the victims/persons aggrieved shall be recorded by the Trial Court; 6. The Trial Court is also directed to record the statement of the Investigating Officer so as to know how many victims/complainants are there in the FIR and all the victims/complainant as well as accused are party to the compromise in question.

The petitioners shall deposit a cost of Rs.25,000/- with the Punjab and Haryana High Court Bar Association Account No.65035682434 State Bank of India High Court Branch, IFSC Code SBIN0050306 on or before the date of recording of their statements and produce the receipt of the same to the Trial Court/Illaqa Magistrate.”

3. Pursuant to the aforesaid order, report dated 14.11.2024 from Chief Judicial Magistrate,Tarn Taran, has been received, which is taken on record. As per the report, the Trial Court has recorded as