IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

258 CRM-M-60768-2025 SHEZAD GILL AND ANOTHER ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS Date of decision: 16.02.2026 Date of Uploading: 16.02.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Kunwar Rajan, Advocate for the petitioners.

Mr. Gaurav Gurcharan S. Rai, Sr. DAG, Punjab.

Mr. Anirudh Kaushal, Advocat for respondent No.2.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.172 dated 06.09.2024 under Sections 115(2), 118(1), 351(2), 3(5) and 238 of BNS, registered at Police Station Khanna City-2, District Ludhiana and all consequential proceedings arising therefrom on the basis of compromise dated 24.09.2025 (Annexure P-2), which is stated to have been effected between the parties.

2. On 31.10.2025, the following order was passed:

“The petitioners through instant petition, on the basis of compromise are seeking quashing of FIR No.172 dated 06.09.2024 registered at Police Station Khanna City-2, District Ludhiana (Annexure P-1) under Sections 115(2), 118(1), 351(2)

and 3(5) of BNS, 2023.

Notice of motion.

Mr. Rahul Jindal, AAG, Punjab accepts notice on behalf of respondent No. 1 State. Ms. Janya Sirohi, Advocate has put in appearance on behalf of respondent No.2 accepts notice and filed his Power of attorney. The same is taken on record.

Parties including victim/injured, complainant and any other victim may appear before learned trial Court/Area Magistrate concerned on the date fixed before the Trial Court or any other date convenient to said Court and get their statements recorded with regard to compromise, subject to the payment of cost of Rs.10,000/- to be deposited with Punjab State Legal Services Authority Disaster Relief Fund in the following account:- Account No.-44426937384, IFSC Code-SBIN0014656, Bank SBI, Sector-68, SAS Nagar. The Court will send the statements so recorded to this Court before the next date of hearing alongwith its report disclosing:

i) genuineness and voluntary nature of compromise;

ii) how many persons are nominated in FIR/police report;

iii) how many accused/victims out of total accused/victims have entered into compromise;

iv) if there is partial compromise, what is role of the accused;

v) what is stage of trial & if accused already convicted, whether appeal is pending in Appellate Court; and (vi) Criminal antecedents: Adjourned to 17.12.2025.”

3. Pursuant to the aforesaid order, report dated 13.02.2026 from Judicial Magistrate Ist Class, Khanna has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

1.The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused absconding/PO in the case.

There are two accused namely Shez Sandeep Kaur-I, PCS, Judicial Magistrate First Sandeep Court is made their statements None of the accused is absconding/PO in the case.

2. The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise.

There is only on complainant namely Vicky Kumar and he has appeared before the Court to make his statement before the Court in support of the compromise.

3. The stage of trial/proceedings.

The stage of proceedings is awaiting challan.

4. If the compromise is genuine, voluntary and out of free will of the parties.

Yes,. The compromise is genuine, voluntary and out of their free will.

5. Whether any other criminal case is pending against the accused?

Yes, FIR No.171 dated 20.07.2025, under Section 308(4), 125 of BNS and 25 of Arms Act is pending against accused Sateam @ Varun.”

4. Learned counsel for respondent No.2 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.

5. Similarly, learned State counsel has stated no objection in case the FIR is q