IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

281 Date of decision: 10.11.2025 PAWAN KUMAR AND OTHERS ......Petitioners VERSUS STATE OF PUNJAB AND ANOTHER .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. Rishab Garg, Advocate for the petitioners.

Ms. Savi Nagpal, Asst. A.G. Punjab.

Mr. Rahul Dahiya, Advocate for respondent No.2.

*****

VINOD S. BHARDWAJ, J. (Oral)

1. Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No. 60 dated 21.06.2018 under Sections 420 and 120 of the Indian Penal Code, 1860 registered at Police Station Sadar, Sangrur, along with all subsequent proceedings arising therefrom on the basis of compromise dated

20.03.2025 (Annexure P-3).

2. Brief facts of the case are that the respondent-complainant Judge Singh moved an application No. 11866/P dated 30.10.2017 against the petitioners for committing a fraud of Rs.16,00,000/- with him. It was eventually agreed upon between the parties that petitioner No.2-Jaswinder Singh would pay an amount of Rs.12,50,000/- to the complainant in 12 instalments. Accordingly, 12 cheques were handed over by petitioner No.2 to the complainant, however, the first of those cheques, for an amount of Rs.2 lakh, bounced on 20.03.2018. The complainant-respondent No.2 gave an application against the petitioners and thus the impugned FIR came to be registered against the petitioners. Petitioner No.1 had earlier filed CRM-M- 7269-2020 before this Court for quashing the impugned FIR but the same was dismissed as withdrawn vide order dated 22.08.2024 since a compromise could not be effected between the parties. But with the intervention of the respectables from both sides, the matter has now been settled and amicably resolved. It is further submitted that the compromise amongst the parties was effected on account of free will and without any pressure and coercion.

3. Pursuant to the order dated 16.05.2025, report has been received from the Judicial Magistrate 1^st Class, Sangrur vide Memo No. 111 dated

09.06.2025. The relevant extract of the report reads thus:- “i) The name of complainant is Judge Singh and three accused persons namley Jaswinder Singh, Pawan Kumar an Raj Kumar are arrayed as accused in the present FIR. All of them appeared and made their statements in support of the compromise so effected between them.

(ii) As per statement of investigating Officer/ASI Karamjit Singh, No. 1197/SGR, none of the accused has been declared as proclaimed offender in this case.

(iii) As per record, the present case is pending for prosecution evidence.

iv) After going through the statements of the parties, this Court is satisfied that complainant-Balraj Singh has effected the compromise with the above named accused with his own will and without any coercion or pressure from any corner and same is found genuine, (v) As per statement of investigating officer, three other FIRs/criminal antecedents have been registered against accused Jaswinder Singh: i) FIR No. 78 dated 05.03.2003 U/s 399/402 IPC PS City Sangrur, ii) FIR No. 155 dated 24.06.2008 U/s 302/120-B IPC, Section 27/54/59 of Arms Act, PS City Sangrur and iii) FIR No. 365 dated 04.12.2012 U/s 419/420/467/465/471/120-B IPC PS City Sangrur.

(vi) As per record, one another FIR has been registered against accused Pawan i.e. FIR No 547 dated 09.11.2019 U/s 406/420/506 IPC PS Gurugram.

(vii) As per record, two other FIRs have been registered against accused Raj Kumar i.e. FIR No. 26 dated 28.03.2020 U/s 420/465/467/468/471 IPC PS Sadar Jalaabad District Fazilka and another FIR bearing No

219/2019 U/s 420 IPC PS Rajpura.

4. A perusal of the aforesaid report shows that a compromise has been effected voluntarily between the parties and is genuine and without coercion or any undue pressure.

5. Learned State counsel does not dispute the factum of the compromise amongst the parties and does not have any serious objection to the resolution of the dispute a