IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56091-2024 (O&M) Date of decision : 15.01.2025 Manpreet Singh @ Monu and others ... Petitioner(s)

Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. G.S. Simble, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG, Punjab.

Ms. Pratula Sethi, Advocate, for Mr. Rajveer Singh Brar, Advocate, for respondent No.2.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the ‘B.N.S.S.’), praying for quashing of FIR No.85 dated 29.08.2022, under Sections 342, 323 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [final report presented under Sections 323 & 342 read with Section 34 IPC], registered at Police Station, Sekhwan, Police District Batala, District Gurdaspur, along with all consequential proceedings arising therefrom on the basis of compromise dated 09.10.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

2. Allegations are that the petitioners caused injuries to the de facto complainant-Gian Kaur and made derogatory utterances in the name of her caste.

3. At the outset, learned counsel for the petitioners contends that after investigation, final report was presented only under Sections 323 & 342 read with Section 34 IPC and now the matter has been compromised between the parties, i.e. the petitioners as well as the de facto complainant/respondent No.2.

4. A Co-ordinate Bench, while issuing notice of motion on

12.11.2024, passed the following order:-

“Mr. Rajveer Singh Brar, Advocate has put in appearance and has filed Vakalatnama on behalf of respondent No.2 in Court today which is taken on record.

The petitioner(s) arraigned as accused in the FIR captioned below, have come up before this Court under Section 528 BNSS 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. The counsel appearing for the private respondent(s) on instructions states that there is no objection if the FIR and all consequent proceedings mentioned in this petition are quashed.

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 25.11.2024, 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

85	29.08.2022	Sekhwan, Police District Batala, District Gurdaspur	342, 323, 34 IPC, 1860 and 3(1)(r) of SC and ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) challan presented u/s 342/323/34 IPC

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 10.12.2024.”

4. In terms of aforesaid order, statements of both the parties were recorded and a report dated 27.11.2024 has been submitted in this regard by learned Judicial Magistrate First Class, Batala. The operative part of the same reads as under:-

“It is humbly submitted that accused/petitioners namely (1)

Manpreet Singh @ Monu S/o Bakhshish Singh (Aadhar Card

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