IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.07.2025 Mohinder Singh and others ....Petitioner(s)

Versus State of Punjab and another .....Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr.H.P.S. Ghuman, Advocate, for the petitioners.

Mr. Karunesh Kaushal, AAG, Punjab.

Mr. Hitesh, Advocate for Mr. Jagjit Singh Chatrath, Advocate for respondents No.2 and 3.

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JASGURPREET SINGH PURI , J. (Oral)

1. The present petition has been filed under Section 528 of BNSS for quashing of FIR No.0014 dated 30.05.2023, under Sections 498-A and 406 IPC, registered at Police Station NRI, SAS Nagar, Mohali, District Mohali alongwith all other consequential proceedings, on the basis of compromise (Annexure P-2).

2. Learned counsel appearing on behalf of the petitioners submitted that the present FIR arose out of a matrimonial dispute between the parties which has been amicably resolved between them and rather the marriage between petitioner No.1 and respondent No.2 has already been dissolved. He submitted that petitioners No.1 and 2 as well as respondent No.2 are residing abroad and as per the orders passed by this Court dated 07.11.2024, the learned trial Court/Illaqa Magistrate was directed to record the statements of petitioners No.1 and 2 as well as respondent No.2/complainant through their Special Power of Attorney holders in support of the compromise and consequent thereupon petitioners No.1 and 2 as well as respondent No.2/complainant have got recorded their statements before the learned Judicial Magistrate First Class, SAS Nagar through their Special Power of Attorney holders accordingly. He submitted that so far as petitioner No.3 is concerned, she also got her statement recorded before the learned Judicial Magistrate First Class, SAS Nagar with regard to the genuineness of compromise. He also submitted that once the matrimonial dispute has been resolved between the parties and the statements with regard to the genuineness of the compromise have been recorded, no useful purpose will be served in case further prosecution is carried on and therefore, the FIR may be quashed on the basis of compromise.

3. On the other hand, Mr. Karunesh Kaushal, learned AAG, Punjab submitted that the parties have got their statements recorded before the learned trial Court/Illaqa Magistrate and therefore, any appropriate orders may be passed in accordance with law.

4. Learned counsel appearing on behalf of respondent No.2-wife submitted that he has specific instructions from respondent No.2 to state that the matter has been amicably settled between the parties and she has no objection in case the present FIR is quashed based upon compromise.

5. I have heard learned counsels for the parties.

6. A report has been received from the learned Judicial Magistrate First Class, SAS Nagar dated 06.02.2025 in which it has been stated that the statement of the parties have been recorded. So far as petitioners No.1 and 2 as well as respondent No.2/complainant are concerned, the statements have been recorded through their Special Power of Attorney. The order which was passed by this Court dated 7.11.2024 is reproduced.

“This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.14 dated 30.05.2023 under Sections 498-A & 406 of the Indian Penal Code, 1860, registered at Police Station NRI, District SAS Nagar (Mohali) (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 16.03.2024 (Annexure P-2).

Notice of motion for 10.12.2024.

At this stage, on asking of the Court, Mr. Sandeep Kumar, DAG, Punjab accepts notice on behalf of respondent No.1- State and Mr. Jagjit Singh Chatrath, Advocate accepts notice for respondent No.2 and files his Vakalatnama, which is taken on record. Copy of the paper book be supplied to them during course of the day.

Service is complete.

In the meanwhile, the parties are directed to appear before learned