IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

296 Date of decision: 14.01.2026 KULDEEP KUMAR AND OTHERS ......Petitioners VERSUS STATE OF PUNJAB AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - None for the petitioners.

Mr. Rituraj Singh, DAG, Punjab.

None for respondents No.2 to 9.

*****

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 No.10 dated 22.01.2025 under Sections 118(1), 115(2), 126(2) and 3(5) of the BNS, 2023 registered at Police Station Khuian Sarwar, District Fazilka along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 17.02.2025 (Annexure P-2).

2. Briefly stated, the facts of the case, as averred in the petition, are that the aforesaid FIR was registered on the statement of Sunil Kumar, who stated that on 02.01.2025, at about 8:00 p.m., while he was on his way home, the accused persons, including the petitioner herein, were standing nearby owing to an alleged prior grudge. Kuldeep Kumar raised a loud lalkara and assaulted the complainant party, as a result of which they sustained grievous injuries. It was further stated by the complainant that the injured persons were admitted to Civil Hospital, Abohar, where the attending doctor reported that Om Parkash had suffered a head injury and was referred to GGS Medical College, Faridkot, for further treatment. The occurrence was stated to have been reported to the police, whereupon investigation was undertaken and the present FIR came to be registered against the accused persons.

3. There is no representation on behalf of petitioner as well as the respondents No.2 to 9.

4. It is, however, averred in the petition that with the intervention of the respectables from both sides, the matter has now been settled and amicably resolved.

5. The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 15.09.2025 of this Court, to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for.

6. Pursuant to the order dated 15.09.2025, cost has already been deposited and receipt thereof is taken on record. A report has also been received from the Judicial Magistrate 1^st Class, Abohar vide Memo No. 916 dated 04.11.2025. The relevant extract of the report reads thus:-

(I) As per above statement of parties, it appears that the parties have voluntarily entered into compromise and the compromise between them is genuine.

(II) As per above statement of parties, statement of Investigating Officer and as per report, in the present FIR, four persons namely petitioner no.1 Kuldeep Kumar, petitioner no.2 Mahinder Kumar, petitioner no.3 Birbal Ram, petitioner no.4 Ram Saroop @ Monu have been arrayed as accused. It is pertinent to mention here that as per the above statement of parties, statement of Investigating Officer and as per report, On the basis of statement of Kuldeep Kumar (petitioner no.1) one cross rapat no.46 dated 22.01.2025 was entered against respondent no.2 Sunil Kumar, respondent no.3 Om Parkash, respondent no.4 Ishar Ram, respondent no.5 Kalu Ram, respondent no.6 Ajay, respondent no.7 Surinder Kumar, respondent no.8 Sandeep Kumar, respondent no.9 Ravi @ Bablu.

(III) As per above statement of parties, statement of Investigating Officer and as per report, all the accused/victims (petitioners and respondent no. 2 to 9)

have entered into the compromise.

(IV) As per statements of parties, the compromise between the parties is not partial compromise.

(V) As per above statement of parties, statement of Investigating Officer and as per report, the challan in the present case has not been presented in the court.

(VI) As per above statement of parties, statement of Investigating Officer and as per report, accused/petitioners and respondents are not involved in any other criminal case.”

7. Learned State cou