251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 01.07.2025 Malkeet Singh and Others ... Petitioners Versus State of Punjab and Others ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Arshdeep Singh Brar, Advocate for the petitioners.

Mr. Sukhwinder Singh Rai, DAG, Punjab.

Mr. G.S.Sidhu, Advocate and Ms. Gurpreet Kaur, Advocate for respondent Nos.2 & 3.

****

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for quashing of FIR No.102 dated 31.08.2015 (P-1), under Sections 323, 506, 452 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Nihal Singh Wala, District Moga, along with all consequential proceedings arising therefrom on the basis of compromise

1-

dated 19.09.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent Nos.2 & 3.

(2) Allegations are that the petitioners in furtherance of their common intention trespassed into the house of the de facto complainant/respondent No. 2-Karamjeet Kaur; inflicted injuries on the person of complainant party and also criminally intimidated them.

(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 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 Nos.2 & 3.

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

book.

(7) This Court, while issuing notice of motion on 17.01.2025, passed the following order:-

“Contends, inter alia, that matter has been compromised between the parties i.e. petitioners and respondents No. 2 and 3 and submits that petitioners are ready to bear the costs of Rs. 45,000/- (Rs.15,000/-each).

(2) Notice of motion.

2-

(3) On asking of the Court, Mr. Kunwarbir Singh, learned AAG,Punjab accepts notice on behalf of respondent No.1/State.

In compliance of order dated 25.11.2024 passed by Co-ordinate Bench of this Court, status report by way of affidavit dated 16.01.2025 of Mr. Anwar Ali, PPS, Deputy Superintendent of Police, Sub division Nihal Singh Wala, District Moga on behalf of respondent No. 1 has been filed and the same is taken on record. Copy supplied to the other side.

Registry to tag the same at appropriate place.

(4) Mr. Gurbinder Singh Sidhu, Advocate for respondents No.2 and 3, has acknowledged the factum of compromise (P-2) arrived at between the parties i.e.

petitioners and respondents No. 2 and 3.

(5) Requisite number of copies of the petition be supplied to learned Counsel for the respondents during the course of day.

(6) Petitioners shall file their respective affidavits that there is no other criminal case(s) pending against them and also give the details of any other FIR(s), already quashed on the basis of compromise.

(7) In view of the above, let parties appear before the Court of learned Illaqa Magistrate/trial Court on or before 30.01.2025 for recording their statement(s) with reference to the compromise, if any, entered into between them.

(8) Learned Illaqa Magistrate/trial Court shall record the statement(s) of all accused, complainant/injured and victim, if any, and submit a report to this Court before the next date of hearing containing the following information:-

(i). Whether the statements of the parties are bona fide and not result of any pressure or coercion etc. in any manner?

(ii). Whether the compromise effected between the parties is genuine and valid?

(iii). Whether all the accused, complainant and injured are party to the co