IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 12.05.2025 Gurmel Singh and another ... Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Lajpat Rai Sharma, Advocate for the petitioners.

Mr. Kiran Pal Singh, AAG, Haryana for respondent No.1.

Mr. Lalit Pardhan, Advocate for Mr. Sanjeev K. Sharma, 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.’) for quashing of FIR No.176 dated 05.05.2024 (P-1), under Sections 406, 420 & 506 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Ambala Cantt., District Ambala, along with all consequential proceedings arising therefrom on the basis of compromise dated 02.07.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

(2) Allegations are that petitioner, along with co-accused, duped the de facto complainant-Bhagwan Singh for sending his son abroad by demanding Rs.12 Lakh.

(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 consequential proceedings deserve to be quashed.

(4) Learned Counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioner.

(5) Still further, learned State Counsel, on instructions from the police official 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 i.e. petitioners as well as respondent No.2.

(6) Heard learned Counsel for the parties and perused the paper-

book.

(7) The Coordinate Bench, while issuing notice of motion on

06.11.2024, passed the following order:-

“Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.176 dated 05.05.2024 registered under Sections 406, 420, 506 IPC at Police Station Ambala Cantt., District Ambala (Annexure P-1) along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 02.07.2024 (Annexure P-2).

Notice of motion.

Upon advance notice, Mr. Anmol Malik, DAG Haryana accepts notice on behalf of respondent No.1/State and Mr. Sanjeev K. Sharma, Advocate has put in appearance on behalf of respondent No.2. He has admitted the factum of compromise and supports the prayer made in the petition.

The parties are directed to appear before the Illaqa Magistrate/trial Court and get their statements recorded with regard to the compromise on 13.11.2024. The Illaqa Magistrate/trial Court shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the followings:-

1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2. The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. The stage of trial/proceedings;

4. If the compromise is genuine, voluntary and out of free will of the parties.

5. Whether any other criminal case is pending against the accused.

Report of the Area Magistrate/Trial Court be awaited for

05.12.2024.”

(8) Thereafter, on 05.12.2024, Coordinate Bench passed the following order:-

“Learned counsel for the petitioners submits that vide order dated 06.11.2024, the parties were directed to record their statement, but petitioner No. 2 was unable to comply due to an accident. He respectfully seeks one final opportunity to allow petitioner No. 2 to record his statement.

Allowed as prayed for.

In view of the above, the petitioner No.2 is directed to appear before the Illaqa Magistrate/trial Court on 18.12.2024 or any other date convenient to the Court concerned, for getting their statements recorded with regard to the compromise. T