IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.122 Decided On : February 05, 2025 Jagir Singh @ Sukhwinder Singh @ Sukha and others .... Petitioners versus State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU.

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Present : Mr. Jaswinder Singh Rana, Advocate for Mr. Sandeep Arora, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG, Punjab.

Mr. G. S. Rawat, Advocate for respondent no.2.

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MAHABIR SINGH SINDHU , J. (Oral) :

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘BNSS’), praying for quashing of FIR No.153 dated 25.07.2024 (Annexure P-1), under Section 420 of Indian Penal Code, 1860 and Section 24 of Immigration Act, 1983, registered at Police Station Dasuya, District Hoshiarpur, along with all subsequent proceedings arising therefrom on the basis of compromise dated 10.08.2024 (Annexure P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

2. Allegations are that the petitioners duped complainant by taking an amount of Rs.15,00,000/- on the pretext of sending complainant’s son abroad, but they failed to do so.

3. Contends that matter has been amicably settled between the parties, i.e. petitioners as well as respondent No.2; hence FIR in question as well as subsequent proceedings deserve to be quashed.

4. Learned counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioners.

5. Still further, learned State Counsel, on instructions from the police officer present, is not averse in case the above FIR along with subsequent proceedings are quashed and set aside on the basis of the compromise entered into between the parties.

6. Heard learned counsel for the parties and perused the paper-book. 7. A Co-ordinate Bench, while issuing notice of motion on

23.08.2024, passed the following order :-

“Petitioners have filed the present petition seeking quashing of FIR No.153 dated 25.07.2024, under Section 420 of IPC and Section 24 of Immigration Act, 1983, registered at Police Station Dasuya, District Hoshiarpur along with consequent proceedings arising therefrom on the basis of compromise dated 10.08.2024 (Annexure P-2).

Learned counsel for the petitioners has contended that the parties have compromised the matter and as such the present FIR is liable to be quashed.

Notice of motion.

On asking of the Court, Mr. J.S. Arora, DAG, Punjab accepts notice on behalf of the respondent- State. Mr. G.S. Rawat, Advocate accepts notice on behalf of respondent No.2. He has endorsed the contention raised by learned counsel for the petitioners and has not denied the factum of compromise effected between the parties.

Adjourned to 12.11.2024.

In the meanwhile, both the parties are directed to appear before the concerned trial Court/Illaqa Magistrate on 03.10.2024 for recording their statements, who shall record their respective statements with regard to the genuineness/correctness of the compromise and that the compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. It would also be verified that besides the accused (petitioners) mentioned in the petition, there is no other accused in the FIR and the parties are not involved or declared proclaimed offender in any other criminal case. The trial Court/Illaqa Magistrate shall send his/her report through learned Sessions Judge concerned on or before the date fixed before this Court.

The State to file status report before the next date of hearing.”

8. In terms of aforesaid order, statements of both the parties were recorded and a report dated 27.01.2025 has been received from learned Sub Divisional Judicial Magistrate, Dasuya. For reference, the operative part of report reads as under :-

“In this regard, statement of respondent/

complainant Resham Chand son of Puran Chand, R/o Archna Colony, P.S. Dasuya, Tehsil Dasuya, District Hoshiarpur and Petitioner/Accused Jagir Singh @ Sukhwinder S