IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-63042-2023 (O&M) Date of decision : 05.03.2025 Jaspal Singh and others ... Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Ms. Anjali Khosla, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG, Punjab.

Mr. Mohit Singla, Advocate for respondent Nos.2 and 3.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’), praying for quashing of FIR No.294 dated 10.11.2020 (P-1), under Sections 341, 323 and 148 read with Section 149 of Indian Penal Code, 1860 (for short ‘IPC’) (Section 326 IPC added later on), registered at Police Station Gidderbaha, District Sri Muktsar Sahib, along with all consequential proceedings arising therefrom on the basis of compromise dated 29.11.2023 (P-2), entered into between the parties i.e. petitioners as well as respondent Nos.2 and 3.

2. Allegations are that the petitioners with their respective weapons caused injuries to complainant and his cousin.

3. Contends that matter has been amicably settled between the parties, i.e. petitioners as well as respondent Nos.2 & 3; hence FIR in question as well as consequential proceedings deserve to be quashed.

4. Learned counsel for respondent Nos.2 & 3 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 consequential 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

16.09.2024, passed the following order:-

“CRM-37331-2024 In view of the reasons mentioned in the application, the same is allowed as prayed for affidavits dated 29.4.2024 are taken on record as Annexures P-4 and P-5, subject to all exceptions.

CRM-M-63042-2023 The instant petition has been filed seeking quashing of FIR (Annexure P-1) on the ground that the matter has been amicably resolved amongst the parties. This Court deems appropriate that statements of the parties be recorded before the learned Illaqa Magistrate/trial Court/Duty Magistrate as regards the factum of compromise.

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 petitioner, 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.

List again on 06.02.2025.”

8. In terms of aforesaid order, statements of both the parties were recorded and a report dated 25.11.2024 has been received from learned Sub Divisional Judicial Magistrate, Gidderbaha. For reference, the operative part of report reads as under:-

“5. As regards information/report desired by the Hon'ble High Court:-

1. Whether there is any other accused other than the petitioners, ar