IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.120 Decided On : February 05, 2025 Kewal Singh and others .... Petitioners versus State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU.

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Present : Mr. R. D. Rattewal, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG, Punjab.

Mr. Deepak Chaudhary, Advocate for respondent no.2.

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MAHABIR SINGH SINDHU , J . :

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’), praying for quashing of FIR No.84 dated 31.10.2023 (P-1), under Sections 323, 325, 148 read with Section 149 of Indian Penal Code, 1860, registered at Police Station Kathgarh, District SBS Nagar, along with all subsequent proceedings arising therefrom on the basis of compromise dated 25.01.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

2. Allegations are that the petitioners along with other co-accused, in prosecution of their common object, formed an unlawful assembly; inflicted injuries on the person of complainant and criminally intimidated him with dire consequences of life.

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 arising therefrom deserve to be quashed.

4. 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.

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

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

04.03.2024, passed the following order :-

“The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Notice of motion for 27.08.2024.

At this stage, Mr. Deepak Chaudhary, Advocate, has put in appearance on behalf of respondent No.2 and filed his vakalatnama, which is taken on record.

The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:

(i) Whether there is any other accused other than the petitioners, arrayed in this petition?

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition?

(iii) Whether any accused has been declared Proclaimed Offender?

(iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion?

The report be submitted before this Court on or before the next date.”

8. In terms of aforesaid order, statements of both the parties were recorded and a report dated 04.04.2024 has been received from learned Sub Divisional Judicial Magistrate,Balachaur. For reference, the operative part of report reads as under :-

“3. The para-wise report is as under :- (i) As per the statement of IO/SI Puran Singh, no other accused involved in the present FIR except the petitioners.

(ii) As per the statement of IO/SI Puran Singh, there is only one complainant namely Sucha Singh in the presen