IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15651-2025 Date of decision: 08.09.2025 MANOJ ALIAS RINKU AND ANR ....PETITIONERS V/s STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Ms. Pooja Jaglan, Advocate for the petitioners.

Mr. Tarun Aggarwal, Addl. AG, Haryana.

Mr. Abhishek Chhoker, Advocate for respondents No.2 and 3.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 482 Cr.P.C./528 of BNSS, for quashing of FIR No.486 dated 31.08.2023 under Sections 201, 307, 34 of IPC and Sections 27/30 of Arms Act, registered at Police Station Sector-29, District Panipat and all consequential proceedings arising therefrom on the basis of compromise dated 16.08.2024 (Annexure P-2), which is stated to have been effected between the parties.

2. On 21.03.2025, the following order was passed:

“Prayer is for quashing of FIR No.486 dated 31.8.2023 registered under Sections 201, 307, 34 IPC and Sections 27, 30 of Arms Act at Police Station Sector 29, District Panipat on the basis of compromise.

Notice of motion.

At this stage, Ms. Mansi, Advocate, accepts notice on behalf of the complainant/respondents No.2 and 3. He admitted the correctness of compromise and stated that he has no objection if this petition is allowed.

On the asking of this Court, Mr. Karan Garg, AAG, Haryana accepts notice on behalf of the State. He prays for time to reply.

Needful be done before the next date of hearing.

Meanwhile, the parties are directed to appear before the learned trial court/Illaqa Magistrate on 8.4.2025 or any other date convenient to the trial Court/Illaqa Magistrate and to get record their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate, is directed to send the same along with his report regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with regard to the following facts:-

1. Number of persons arrayed as accused in the FIR.

2. Whether any accused is proclaimed offender.

3. Stage of the trial/proceedings.

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

To come up on 6.5.2025 for awaiting the report.

A copy of this order be sent to the learned trial Court/Illaqa Magistrate, through electronic mode, for compliance.”

3. Pursuant to the aforesaid order, report dated 17.04.2025 from Additional District and Sessions Judge, Panipat has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

“1. Two accused Manoj and Ankit Jain are only involved and there is no other case pending against them.

2. No accused is proclaimed offender in the present FIR.

3. Trial is fixed at the stage of recording evidence of prosecution witnesses

4. Compromise is genuine, voluntary and without any coercion or undue influence.”

4. The factual matrix of the case in hand reveals that both the injured namely Rahul and Ajay have been examined as prosecution witnesses i.e. PW-1 and PW-2, respectively. PW-1 Rahul, who is stated to have been hit in the chest by a fire arm has stated in his testimony that he had never seen a weapon before and, therefore, when he asked Manoj to show him the weapon of Manoj, an accidental fire shot took place twice and one of the said bullets hit in his chest.

5. Learned counsel for respondent Nos.2 and 3 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.

6. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).

7. I have heard learned Counsel for the parties and have carefully gone through the records of the case.

8. This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases