IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

296-3 CRM-M-37549-2024 Date of decision: 15.01.2025 PARDEEP KUMAR ....PETITIONER V/s STATE OF PUNJAB AND ANR ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vansh Chawla, Advocate for the petitioner.

Ms. Avneet, AAG, Punjab.

Mr. Naveen Bawa, Advocate for respondent No.2.

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SUMEET GOEL , J .

The present petition has been filed on 21.07.2024 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..194 dated 10.09.2023 under Sections 420, 506, 120-B of IPC, registered at Police Station Tibba, District Ludhiana and all consequential proceedings arising therefrom on the basis of compromise dated 24.05.2024 (Annexure P-2), which is stated to have been effected between the parties.

2 On 04.12.2024, the following order was passed:

“The petitioner arraigned as accused in the FIR captioned below has come up before this Court under Section 528 to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s).

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 08.12.2024, 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 FIR No. Dated Police Station Sections

194 10.09.2023 Tibba, District 420, 506, 120-B Ludhiana IPC Criminal Case no. before trial Court 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 15.01.2025 along with CRM-M-49910-2024.

Photocopy of this order be placed on the files of connected cases.

3. Pursuant to the aforesaid order, report dated 14.01.2025 from Judicial Magistrate, Ist Class, Ludhiana, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- Name of the reporting Court Court of Ms. Shilpa Singh, Judicial Magistrate 1^st Class, Ludhiana FIR No. Dated Police Station Sections

194 10.09.2023 Tibba, District 420, 506, 120-B Ludhiana IPC Criminal Case no. before trial Court Challan in the present FIR is yet to be presented by the Investigating Agency.

4. Learned counsel for respondent No.2 admits the factum of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner are quashed.

5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).

6. I have heard learned Counsel for the parties and have carefully gone through the records of the case.

7. This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of