IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 21.02.2025 Raj Singh & others ... Petitioner(s)

Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr.APS Khadial Advocate, for the petitioner(s).

Mr.Kunwarbir Singh, AAG, Punjab.

Mr.Akamjit Singh Ahluwalia, Advocate for the respondent No(s).2 to 5.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 482 Code of Criminal Procedure (for short, ‘Cr.P.C.’) praying for quashing of FIR No.0071 dated 05.05.2024(P-1), under Sections 452, 323, 341, 506, 148 read with Section 149 of Indian Penal Code, 1860 (for short, ‘IPC’), registered at Police Station Jaitu, District Faridkot, along with all consequential proceedings arising therefrom on the basis of Panchayati compromise dated 14/15.05.2024 (P-3), entered into between the parties i.e.

petitioner(s) as well as respondent No(s).2 to 5.

2. Allegations are that the petitioner(s) in connivance with each other armed with dandas, sticks, baseball etc. had caused injuries to respondent Nos.2 to 5.

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

12.11.2024, passed the following order:-

“Prayer in the present petition filed under Section 482 of Cr.P.C. is for quashing of FIR No.0071, dated 05.05.2024, under Sections 452, 323, 341, 506, 148, 149 of IPC, registered at Police Station Jaito,District Faridkot (Annexure P-1) along with all consequential proceedings arising therefrom, on the basis of compromise dated 14/15.05.2024 (Annexure P-3) arrived at between the parties.

Notice of motion.

At the asking of the Court, Mr. Rajinder Singh Bhatta, DAG, Punjab, accepts notice on behalf of respondent No.1-State.

Appearance has also been caused by Mr. Akamjit Singh Ahluwalia, Advocate on behalf of respondents No.2 to 5 and has filed his vakalatnama in Court today, which is taken on record. He affirms the factum of compromise between the parties.

Let the parties to appear before the trial Court/Illaqa Magistrate, as the case may be, within a period of 30 days, for getting their statements recorded with regard to the compromise. The statements of the parties with regard to the compromise may be recorded on the same day or on any other day convenient to trial Court/Illaqa Magistrate but not later than six days thereof, however, that would be subject to payment of costs of Rs.7,500/- to be deposited by the petitioners with the concerned DistrictLegal Services Authority. A receipt thereof shall be produced before the concerned Magistrate before recording the statements.

The trial Court is directed to report on the following points:-

(i) how many total accused are facing the trial;

(ii) whether challan is presented in the Court? If so, against how many accused;

(iii) whether any of the accused was declared proclaimed offender at any stage of trial;

(iv) status/stage of the trial/case;

(v) to record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise;

(vi) to record the statement of Investigating Officer with regard to points No.(i), (ii), (iii) and (iv) as above.

Report be sent through the District & Sessions Judge, before the next date of hearing.

Adjourned to 03.02.2025.”

4. In terms of aforesaid order, statements of both the parties were recorded and a report dated 18.12.2024 of learned Sub-Divisional Judicial Magistrate, Jaitu has been submitted in this regard. The operative part of the same reads as under:-

“In view of statements of parties as well as statement of IO, para-

wise report is submitted as follows:

i) There are total eight accused namely Raj Singh, Jaswinder Singh, Harjinder Singh, Jaspreet Singh, Jaswinder Singh, Balwinder Singh, Chhinda Singh and Sukhpreet Singh involved in the present case.

ii) Challan has not been presented against the accused in the Court.

iii) None of the accused is declared as proclaimed offender.

iv) Challan in the present case has not been presented and only FIR is pending an