IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.10.2025 Pronounced on: 13.10.2025 Jalandhar Singh ........Petitioner(s)

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

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Arshdeep Singh Brar, Advocate for the petitioner(s).

Mr. Akshay Kumar, AAG, Punjab.

Mr. G.S. Sidhu, Advocate for respondent no.2.

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ANOOP CHITKARA, J. (Oral)

FIR No. Dated Police Station Sections

101 11.06.2023 Baghapurana, District Moga 323, 324 IPC The petitioner, arraigned as accused in the above captioned FIR, has come up before this Court under Section 528 BNSS, 2023 for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s).

2. During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.

3. After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2.

4. Pursuant to order of this Court dated 10.09.2025, the aggrieved person(s) (Respondent no.2) appeared before the Sub Divisional Judicial Magistrate, Baghapurana and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. The relevant extract of the report of the concerned Court reads as follows:

Name of the reporting Sub Divisional Judicial Magistrate, Baghapurana Court Criminal Case no. CHI/132/2023 before trial Court ANALYSIS & REASONING:

5. Despite the severe opposition of the State’s counsel to this compromise, the following aspects would be relevant to conclude this petition: -

a) The accused and the private respondent have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;

b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;

c) The aggrieved person has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondent in case present FIR and consequent proceedings are quashed;

e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;

f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;

g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;

h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;

i) The exercise of the inherent power for quashing FIR and all consequential proceedings is justified to secure the ends of justice.

6. In the present case, the offence under sections 324 of the Indian Penal Code, 1860 is not compoundable under Section 320 of Code of Criminal Procedure, 1973 (CrPC) or 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). However, in the facts and circumstances peculiar to this case, the prosecution qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.

7. In Ram Prasad v State of Uttar Pradesh, (1982) 2 SCC 149, Supreme Court holds, The appellants, who are the accused and the complainant, Shri Ram, who was the person injured as a result of firing, have appeared before us and stated that they wish to compound the offence. The offence for which both the appellants have been convicted is one under Section 307 read with Section 34 of the Indian Penal Code, but having regard to the nature of the injury sustained by Shri Ram, we think that the proper offence for which the appellants should have been convicted was under Section 324 read with Section 34. Shri Ram received only one injury on the shoulder and that was also in the nature of