JASJIT SINGH BEDI , J.(ORAL)

1. The prayer in the present petition under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C. 1973 is for quashing of the FIR No.76 dated 12.04.2025 (Annexure P-1) under Sections 190, 191(2), 191(3), 126(2), 109, 351(2) of BNS and Sections 25, 27, 54 and 59 of Arms Act, 1959 registered at Police Station Sector 31, Chandigarh on the basis of compromise dated 13.03.2026 (Annexure P-3) in cross case with all consequential proceedings arising thereof.

2. The present FIR came to be registered at the instance of Dinesh, which reads as under:-

“Statement of Dinesh S/o Sh Ram phal R/o Vill-Jandi Kalan Teh Bhuna, Distt- Fatehabad, HR age. 35 yrs. Stated that I live with my family at the above mentioned address. And yesterday on 11.04.2025, I and my two friends Vikram and Sandeep had gone to VIP road Zirakpur, where my friend Vikram had gone to meet someone he knew. I and Sandeep were sitting in the Santro Car No- HR-08-AD-3266, it must have been around 10:00 PM, when a delivery boy came to us, the road there was very narrow, and the delivery boy started arguing with me to leave the road, which was so unpleasant to me. So the delivery boy called some of his friends who were riding on 4/5 Motor/cycles. A gypsy also came. One of them took out a weapon. Out of fear, I drove my car away from there and all of them started following us. As soon as I crossed the Zirakpur bridge and entered the Chandigarh, the boys in the gypsy and motorcycle came there and parked their motorcycle in front of my car. First they broke the rear glass of my car. We both got out. Then those boys got into a scuffle with me and Sandeep and started beating us. Suddenly one of the boys took the name of his friend and said, "Raj Kumar, take out your weapon and shoot him and finish him off." That boy Raj Kumar took out a weapon from his pocket and shot me with the intention of killing me. The bullet hit my literal side and I fell right there. All those boys started beating me and my friend Sandeep with kicks and punches. I can recognize all of them if they come in front of me. The PCR vehicle brought me to the hospital for treatment, legal action should be taken against Raj Kumar and his companions, they also threatened to kill me and Sandeep. I have given the statement in writing, I have heard it, okay. Sd/- Dinesh Kumar 9467910005.”

3. The learned counsel for the petitioner contends that it is a case of version and cross-version. FIR No.77 under Sections 115(2), 126(2), 109, 3(5) BNSS and Sections 25, 54 and 59 of Arms Act, 1959, stands registered against the petitioners at the instance of complainant side. A compromise has been arrived at between the parties. Therefore, the FIR be quashed on the basis of the said compromise.

4. The learned State counsel for U.T., Chandigarh, on the other hand, contends that it is a case of version and cross-version. In FIR No.77, the allegations are that the accused persons fired upon the complainant party but the weapon jammed because of which the bullets were not discharged. However, in FIR No.76, i.e. the present case, gun-shot injuries have been received by the complainant party. An offence under Section 307 IPC cannot be quashed on the basis of the compromise as it is an offence against the society and not an outcome of a private dispute between the parties. Therefore, the present petition is liable to be dismissed.

5. I have heard learned counsels for the parties.

6. The Hon’ble Supreme Court in “State of Madhya Pradesh Vs. Laxmi Narayan and others, 2019(5) SCC 688, passed in criminal Appeal No.349 dated 05.03.2019 held as under:-

“11.1 Therefore, the said decision may be applicable in a case which has its origin in the civil dispute between the parties; the parties have resolved the dispute; that the offence is not against the society at large and/or the same may not have social impact; the dispute is a family/matrimonial dispute etc. The a