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2025 Supreme(Online)(P&H) 26336

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS GUPTA AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent



316 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.01.2026 VIKAS GUPTA AND ORS. ...PETITIONERS VERSUS STATE OF PUNJAB AND ORS. ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Ritesh Pandey, Advocate for the petitioners.

Mr. Adesh Pal Singh, AAG, Punjab.

Mr. Aazam Khan, Advocate for respondent No.2 to 4.

****

RAJESH BHARDWAJ, J. (ORAL)

1. Instant petition has been filed praying for quashing of FIR No.66 dated 21.04.2024 registered under Sections 307, 323, 506, 148, 149 of IPC at Police Station City Gurdaspur, District Gurdaspur and all subsequent proceedings arising therefrom, on the basis of compromise dated 03.07.2025 (Annexure P-3). 2. The FIR in question was lodged by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Annexures P-3. On the basis of the compromise, the petitioners are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

3. This Court vide order dated 23.07.2025 and 02.09.2025 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.

4. In pursuance to the same, learned Chief Judicial Magistrate, Gurdaspur has sent the reports dated 26.09.2025 and 27.08.2025. With the report, she has annexed the original joint statement of complainant/respondents No.2 to 4, namely, Satpal, Rakesh Kumar and Ajit Ram and the joint statement of accused/petitioners, namely, Vikas Gupta, Ankush Mahajan and Rahul dated 16.09.2025 and the statement of ASI Jai Singh dated 17.09.2025. On the basis of the statements, learned Chief Judicial Magistrate, Gurdaspur has concluded in its report that the compromise is genuine, voluntarily and without any coercion or undue influence. It has been mentioned in the report that there are total 03 accused persons. It is further mentioned in the report that the petitioners neither as declared proclaimed offender nor they are involved in any other case.

5. Learned counsel for the petitioners has submitted that the parties have compromised the matter amicably and have decided to get the FIR registered against the petitioners quashed and as such the present petition is liable to be accepted.

6. Learned counsel for respondents No.2 to 4 has also pleaded no objection, if the present FIR is quashed.

7. I have heard learned counsel for the parties, perused the record and the report sent by learned Chief Judicial Magistrate, Gurdaspur.

8. A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 359 Bhartiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the BNS, 2023.

9. Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab and another, 2014 (6) SCC 466, B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by this Court in Full Bench case of Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt with the proposition involved in the present case and settled the law.

10. Thereafter, Hon'ble Supreme Court in Gian Si

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