Offences under Section 307 IPC and the Arms Act are crimes against society and not private disputes; consequently, they cannot be quashed by the High Court based on a compromise between the parties.

JASJIT SINGH BEDI , J.(ORAL)

The prayer in the present petition under Section 528 of BNSS, 2023 is for quashing of the FIR No.31 dated 15.02.2019 (Annexure P-1) under Sections 307, 323, 148 and 149 of IPC and Sections 25, 27, 54 and 59 of Arms Act, 1959 registered at Police Station Sardulgarh, District Mansa on the basis of compromise dated 27.08.2025 (Annexure P-2) with all consequential proceedings arising thereof.

The present FIR came to be registered at the instance of Balkar Singh @ Kala, which reads as under:-

“Statement of Balkar Singh @ Kala son of Mahender Singh, caste Jatt Sikh, Resident of KhialiChehlanwali, aged about 35 years, Mobile No.: 97811-30701.

I state that I am a resident of the above-mentioned address and work in agriculture. Yesterday, 14-02-2019, I and Gurmel Singh @ Mela son of Sukhdev Singh, caste Jatt Sikh, Resident of KhialiChehlanwali, were returning home after visiting Sukhwinder Singh @ Sukha Bhaoo's house, traveling on the road built on the bank of the Nali (drain) towards the Ghaggar bridge on the main road.

At about 07:30 PM, when we reached near the Shani Temple, the lights installed on the side provided clear visibility. We were called out from behind, "Is Mela going?" When we turned back, we saw:

Jagtar Singh @ Jaggu (carrying a Pistol)

Harjit Singh (carrying a handle of a Kahi / hoe) (Both sons of Davinder Singh)

Jaswinder Singh @ Jassa son of Avtar Singh

Gurcharan Singh @ Foji son of Thakur Singh (also carrying a Dag / stick)

and 3-4 unidentified persons (whom I can identify upon seeing, carrying Baseballs)

They were rapidly approaching us from behind. At that moment, Jaswinder Singh @ Jassa raised a slogan (Lalkara) saying, "Teach Gurmel Singh @Mela a lesson for demanding money and submitting false applications against us! He has finally been caught; don't let him go easily.

"Fearing for our lives, we started running. Then Jagtar Singh @ Jaggu, with the intent to kill, fired his pistol towards us, which passed over us. He then fired a second time, and the bullet struck Gurmel Singh @ Mela on the back of his right thigh.

We raised an alarm ("Marta Marta"). Amandeep Kumar son of Sohan Lal, caste Arora, Resident of Sardulgarh, then arrived from the front. Seeing him, the said persons fled the spot with their respective weapons. Due to the gunshot injury, Gurmel Singh @ Mela fell down on the raw ground. Amandeep Kumar and I arranged for transport and admitted him to Civil Hospital Sardulgarh. From there, the doctor referred us to a better hospital, so we brought Gurmel Singh @ Mela to Civil Hospital Mansa and admitted him, where he is currently undergoing treatment.

The motive for the animosity is that Gurmel Singh @ Mela was supposed to receive money from the said Jagtar Singh @ Jaggu and had submitted applications against him, which are under investigation at P.S. Jhuneer. Due to this rivalry, the said individuals attacked us by firing bullets. Necessary legal action should be taken against the said persons.”

Thereafter, a cross version was registered vide DDR No.43 dated 15.02.2019 at the instance of Harjit Singh @ Happy and reads as under:-

“At about 19:40 hours, a statement from Harjit Singh alias Happy son of Davinder Singh, caste Jatt Sikh, Resident of Ward No. 7, Sardulgarh, was received at the Police Station, delivered by PHG Ajaib Singh 21754, written by ASI Kulwant Singh 156. The contents of the statement are as follows: "Statement of Harjit Singh alias Happy son of Davinder Singh, caste Jatt Sikh, Resident of Ward No. 7, Sardulgarh, aged about 42 years, Mobile No. 98764-06608. I state that I am a resident of the above address and work as a farmer. On 14-02-19 at about 07:30 PM, my brother Jagtar Singh and I were sitting and talking in our courtyard (Nohra). The gate of our courtyard was shut, and the light was on. Then, Baldev Singh son of Mahender Singh, Resident of Sardulgarh, opened the gate of our courtyard