IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 01.05.2025 Lovepreet Singh @ Labhu ... Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. S.S.Sarwara, Advocate for Mr. Ishan Gupta, Advocate for the petitioner.

Mr. T.P.S.Walia, AAG, Punjab for respondent No.1. Mr. Sahil Matharoo, Advocate for respondent No.2.

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MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for quashing of FIR No.53 dated 10.05.2021 (P-1), under Sections 452, 323, 506 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Gidderbaha, District Sri Muktsar Sahib, along with all consequential proceedings arising therefrom on the basis of compromise dated 29.08.2024 (P-2), entered into between the parties i.e. petitioner as well as respondent No.2.

(2) Allegations are that petitioner trespassed into the house of de facto complainant-Nirlep Kaur, inflicted injuries to her and also criminally intimidated her with dire consequences.

(3) Contends that matter has been amicably settled between the parties i.e. petitioner as well as respondent No.2; hence FIR in question as well as consequential proceedings deserve to be quashed.

(4) Learned Counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioner.

(5) Still further, learned State Counsel, on instructions from the police official present, is not averse in case the above FIR along with consequential proceedings are quashed and set aside on the basis of the compromise entered into between the parties i.e. petitioner as well as respondent No.2. However, he has apprised the Court that petitioner is involved in another case i.e. FIR No.81 dated 13.05.2020, under Sections 323, 325 IPC, registered at Police Station Gidderbaha, District Sri Muktsar Sahib (6) Heard learned Counsel for the parties and perused the paper-

book.

(7) The Coordinate Bench, on 05.11.2024, passed the following order:-

“1. Status report filed by the respondent-State is taken on record. Copy furnished to the opposite counsel.

2. Learned counsel for the petitioner states that application for compounding of the offence was filed before the learned trial Court and the same has been accepted, vide order dated

24.09.2024, therefore, he has instructions to withdraw the present petition.

3. In view of the statement made by learned counsel for the petitioner, the present petition is dismissed as withdrawn.”

(8) Thereafter, on 05.02.2025, another order was passed by the Coordinate Bench, which is recapitulated as under:-

“1. Applicant/petitioner has filed instant application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for clarification/modification of order dated 05.11.2024 (Annexure A-1) passed by this Court with a prayer for restoration of main petition bearing CRM-M-44060-2024 titled as “Lovepreet Singh @ Labhu Vs. State of Punjab and another” on account of inadvertent bonafide mistake at the instance of counsel for petitioner vide which main petition was withdrawn.

2. It is pointed out that the case came up for hearing on

05.11.2024. Case was for compounding of offence on the basis of compromise in FIR No.53 dated 10.05.2021 under Sections 452, 323, 506 and 34 IPC registered at Police Station Gidderbaha (Annexure P1) whereas by mistake factual position in another FIR No.81 of 2020, Police Station Gidderbaha was mentioned pertaining to the present FIR. A wrong statement was made before this Court due to misunderstanding as a result main petition was withdrawn. It is submitted that mistake on the part of counsel for petitioner was due to the aforesaid misunderstanding, therefore, main petition may kindly be restored by accepting present application.

3. Mr. Sahil Matharoo, Advocate appeared on behalf of respondent No.2 and did not oppose this application.

4. Learned State counsel also rais