IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

283 CRM-M-33411-2024 Date of decision: 28.08.2025 KUNAL SHARMA AND OTHERS ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Lakshay Bector, Advocate for the petitioners.

Mr. Baljinder Singh Sra, Addl. AG, Punjab. Mr. Manish, Advocate for respondent No.2.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.29 dated 24.02.2022 under Sections 323, 324, 148, 149, 506, 307 of IPC, registered at Police Station Division No.8, District Ludhiana and all consequential proceedings arising therefrom on the basis of compromise dated 28.09.2022 (Annexure P-2), which is stated to have been effected between the parties.

2. On 17.07.2024, the following order was passed:

“The present petition has been filed for quashing of an FIR No.29 dated 24.02.2022 (Annexure P-1) under Sections 323, 324, 148, 149, 506, 307 IPC IPC at Police Station Division No.8, District Ludhiana and all other consequential proceedings arising therefrom, on the basis of compromise dated 24.07.2023 (Annexure P-2), entered into between the parties.

The learned counsel for the petitioners submits that in order to live peacefully, parties have entered into compromise dated 24.07.2023 (Annexure P-2), according to which, both the parties have agreed not to proceed further with the FIR in question.

Notice of motion.

Ms. Ramta K Chaudhary, DAG, Punjab and Mr. Namish Sodhi, Advocate, accepts notice on behalf of respondent No.2 and has filed his Vakalatnama. The same is taken on record. He does not dispute the above said compromise, which has been arrived at between the parties, according to which, complainants do not wish to press the allegations alleged in the FIR any further.

Adjourned to 18.11.2024 Keeping in view the above, the parties are directed to appear before the trial Court/Illaqa Magistrate for recording their statement with regard to compromise dated 24.07.2023 (Annexure P-2) on 12.08.2024 by moving an appropriate application or by presenting this order.

The trial Court/Illaqa Magistrate is directed to submit the report on or before the next date of hearing containing the following information:-

1. Number of persons arrayed accused in the FIR; 2. Whether any accused is a proclaimed offender;

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence;

4. Whether the accused persons are involved in any other FIR or not; and

5.The statements of the complainant and all the victims/persons aggrieved shall be recorded by the Trial Court;

6. The Trial Court is also directed to record the statement of the Investigating Officer so as to know how many victims/complainants are there in the FIR and all the victim/complainant as well as accused are party to the compromise in question.

The petitioners shall deposit a cost of Rs.25,000/- (collectively) with the Day Care Centre for Elderly Disabled in home for Old & Destitute People, Sector-15, Chandigarh is being run by Chandigarh Scheduled Castes, Backward Classes and Minorities Financial and Development on or before the date of recording of their statements and produce the receipt of the same to the Trial Court/Illaqa Magistrate.

Meanwhile, the learned counsel for the petitioners as also the counsel for the State are directed to place on record the relevant medical opinion as to the nature and seat of injuries in terms of the judgments passed in the cases of ‘Narinder Singh and others versus State of Punjab and another, 2014(2) RCR (Criminal) 482’ and ‘State of Madhya Pradesh versus Laxminarayan and others, (2019) 5 SCC 688”, so that this Court can examine the medical record to see whether an offence under Section 307 IPC is made out or not.”

3. Pursuant to the aforesaid order, report dated 22.08.2025 from Additional District and Sessions Judge, Ludhiana has been received, which is taken on record. As per the report, the Trial Court has r