IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38312-2024 Date of decision: 14.01.2025 RAM BHAGAT AND OTHERS ....PETITIONERS V/s STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Rahul Makkar, Advocate for the petitioners.

Ms. Ankita Ahuja, AAG, Haryana.

Mr. Amit Kumar, Advocate for respondent Nos.2 to 6.

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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 petitioners are seeking quashing of FIR No.264 dated 24.12.2023 under Sections 148, 149, 323, 452, 506 of IPC, registered at Police Station Sadar Bahadurgarh, District Jhajjar and all consequential proceedings arising therefrom on the basis of compromise dated 05.07.2024 (Annexure P-2), which is stated to have been effected between the parties.

2. On 08.08.2024, the following order was passed:

“The prayer in the present petition under Section 482 Cr.P.C. is for quashing of an FIR No.264 dated 24.12.2023 (Annexure P-1) registered under Sections 148, 149, 323, 452, 506 IPC at Police Station Sadar Bahadurgarh, District Jhajjar and all other consequential proceedings arising therefrom, on the basis of compromise dated 05.07.2024 (Annexure P-2) entered into between the parties.

The learned counsel for the petitioners submits that in order to live peacefully, parties have entered into compromise on 05.07.2024 (Annexure P-2), according to which, both the parties have agreed not to proceed further with the FIR in question.

Notice of motion.

Mr. Parveen Aggarwal, DAG, Haryana who is present in Court accepts notice on behalf of respondent No.1-State. Mr. Amit Kumar, Advocate accepts notice on behalf of respondent Nos.2 to 6 and has filed his power of attorney. The same is taken on record. He does not dispute the above said compromise, which has been arrived at between the parties, according to which, complainant does not wish to press the allegations alleged in the FIR any further.

Adjourned to 13.01.2025.

Keeping in view the above, the parties are directed to appear before the trial Court/Illaqa Magistrate for recording of their statement on 21.10.2024 with regard to the compromise/settlement dated 05.07.2024 (P- 2) 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 in a tabulated format:-

1. Number of persons arrayed 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 victim/complainant as well as accused are party to the compromise in question.

The petitioners shall deposit a cost of Rs.25,000/- (collectively) with the Spinal Rehab Centre, Chandigarh Plot No.1, Madhya Marg, Sector 28-A, Chandigarh 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 04.11.2024 from Sub Divisional Judicial Magistrate, Bahadurgarh has be