IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.5213 of 2025 Date of decision : 30.10.2025 Lakhwinder Singh and others ………….Petitioners Versus State of Punjab and others …….Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Damanjit Sandhu, Advocate, for the petitioner Ms. Aiman J. Chishti, AAG, Punjab Mr. J.S. Thakur, Advocate, for respondents no.2 ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 528 of Bharatiya Nyaya Sanhita, 2023 for quashing of FIR No.60 dated 30.4.2021 under Sections 452, 323, 427, 506 and 149 of IPC, registered at Police Station Guru Harsahai, District Ferozepur, and all subsequent proceedings arising therefrom on the basis of compromise deed dated 13.12.2024 (Annexure P-2).

2 On 30.1.2025, the following order was passed:

‘Prayer is for quashing of FIR No.0060 dated 30.04.2021 registered under Sections 452, 323, 427, 506, 149 IPC at Police Station Guru Harsahai, District Ferozepur, on the basis of compromise.

Notice of motion.

At this stage, Mr. J.S. Thakur Advocate, accepts notice on behalf of the complainant/respondent No.2. 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. J.S. Dhaliwal, AAG, Punjab accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the compromise.

So, the parties are directed to appear before the learned trial court/Illaqa Magistrate on 03.03.2025 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 07.05.2025 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 28.4.2025 from Sub Divisional Judicial Magistrate, Guruharsahai has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

‘1. There are three number of persons arrayed as accused in the FIR, alongwith 2-3 unknown persons. Separate statement of ASI Malkiat Singh of PS Guruharsahai is also recorded to aforesaid effect.

2. No accused is proclaimed offender.

3. Challan has already been presented in this Case and the stage of trial is awaiting appearance of accused.

4. From the statements, it appears that compromise has been effected between the parties without any pressure or undue influence and with their free will.’

4. Learned counsel for respondent No.2 admits the factum of parties having compromised and states that he has no objection in case the impugned order is quashed.

5. Similarly, learned State counsel has stated that she has no objection in case the impugned order is quashed as the parties have compromised the matter amicably.

6. I have heard learned counsel for the parties and have carefully gone through the records of the case.

7. This Court and 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 of Gian Singh vs. State of Punjab and another, 2012 (10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021 (4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021) The proposition of law that emerges from the aforesaid decisions