IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

226 CRM-M-52674-2024 Date of decision: 08.08.2025 GURDIP SINGH AND ORS.

....PETITIONERS V/s STATE OF PUNJAB AND ORS.

....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Dinesh Mahajan, Advocate for the petitioners.

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

Mr. Abhishek, Advocate for respondent Nos.2 and 3.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.15 dated 09.03.2022 under Sections 420, 465, 467, 468, 471, 120-B of IPC, registered at Police Station Mehta, Amritsar Rural, District Amritsar and all consequential proceedings arising therefrom on the basis of compromise dated 23.02.2023 (Annexure P-2), which is stated to have been effected between the parties.

2. On 22.10.2024, the following order was passed:

“By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 23.02.2023 (Annexure P-2) executed between the parties.

Details of the FIR are as follows:

2. It is, inter alia, contended by learned counsel for the petitioners that the instant FIR has been got registered at the instance of respondent No.2 against the petitioners and one Sukhwinder Singh. He submits that the matter is still under investigation and during the course of which, the complainant has given statement seeking no action against the said Sukhwinder Singh in her statement dated 29.10.2023 (Annexure P-5) leaving the petitioners as the only accused. He submits that with the intervention of respectables, compromise has been effected between the parties on 23.02.2023, copy of which is annexed as Annexure P-2, on the basis whereof quashing of FIR has been sought.

3. Notice of motion.

4. On the asking of the Court, Mr. Ankit Grewal, DAG Punjab accepts notice on behalf of the State and on instructions from SI Balwinder Singh has admitted the factum that the petitioners are the only accused left in the FIR. He has also admitted that the statement (Annexure P-5) has been voluntarily recorded by the complainant on 29.10.2023.

5. Mr. Rimple Saini, Advocate has put in appearance on behalf of respondents No.2 and 3 and filed his power of attorney. He admits the factum of compromise effected between the parties voluntarily and without any pressure.

6. Accordingly, the private parties are directed to appear before the concerned trial Court/Illaqa Magistrate/Judge on duty on 04.11.2024 or any other date, convenient to the Court for recording their statements with regard to compromise/settlement, subject to cost of Rs.5,000/- to be deposited by the petitioners with the Poor Patients Welfare Fund, PGIMER, Chandigarh before the date fixed. Receipt thereof be produced before learned trial Court before getting their statements recorded.

7. Trial Court/Illaqa Magistrate/ Judge on duty is directed to submit its report specifically para wise on or before the next date of hearing containing the following information:-

1. Number of persons arrayed as accused in FIR.

2. Whether any accused is proclaimed offender.

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence.

4. Whether the accused persons are involved in any other case or not.

5. The trial Court is also directed to record the statement of the Investigation Officer as to how many victims/complainants are there in the FIR.

6. The trial Court is also directed to report whether the cost, if any, so imposed by this Court has been deposited or not?

8. To await report of the trial Court, adjourned to 18.11.2024.

9. The concerned learned Sessions Judge is directed to communicate the aforesaid report of the concerned trial Court to this Court through e-mail on or