IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

281 Date of decision: 22.04.2026 ANIL KUMAR ALIAS ANIL GOYAL ......Petitioners VERSUS STATE OF PUNJAB AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Ms. Ravisha Mahajan, Advocate for the petitioners.

Dr. (Ms.) Savi Nagpal, Asst. A.G. Punjab.

Mr. Abhinav Chaudhary, Advocate for respondents No.2 and 3.

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VINOD S. BHARDWAJ, J. (Oral)

1. Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR No.87 dated 11.08.2025 under Sections 318(4), 316(2) of BNS, 2023 registered at Police Station Shahpur Kandi, District Pathankot along with all subsequent proceedings arising therefrom on the basis of compromise dated 22.12.2025 (Annexure P-2).

2. The above FIR had been registered on the statement of Anil Kumar son of Satpal resident of Bharat Nagar, Pathankot who alleged that he is the owner of Malhotra Ind: Growth Centre, Plot No.E-120 Pathankot.

The relevant extract of the same is reproduced as under:

“Anil Goyal and Satish Kumar had entered into an agreement with me on 26.06.2024 for sending steel scrap. As per the terms of the agreement, there was an undertaking about giving 80 percent steel and 10 percent metal. The goods were sent to my firm on 28.09.2024 by the accused persons. The inspection was carried out of the goods by Alex Stewart International Private Limited Company from Delhi. On the inspection of the goods sent by the above persons, 21 percent of the quantity of steel and metal were not found. To compensate for the loss of said goods, they made a deal with him and Rs. 20 lakhs was deposited by me in their bank account and thereafter, they sent me two containers of soil. In same circumstances, the above persons have taken Rs.32 lakhs from me at the time of entering into the first agreement and later Rs.20 lakhs to compensate for the goods. Who did not send me the goods as per the terms of the agreement and have cheated me of Rs.52 lakhs.”

3. It is however averred that with the intervention of the respectables from both sides, the matter has now been settled and amicably resolved. It is further submitted that the compromise amongst the parties was effected on account of free will and without any pressure and coercion.

4. Pursuant to the order dated 12.01.2026, a report has been received from the Judicial Magistrate 1^st Class, Pathankot vide Memo No. 27 dated 27.01.2026. The relevant extract of the report reads thus:- (i) As per FIR and statement of Investigating Officer, there is only one accused namely Anil Kumar @ Anil Goyal in the present case.

(ii) As per record, there is only one complainant namely Anil Kumar and one victim namely Rahul Mahajan in the present case. Besides them there is no other complainant/victim in the present case.

(iii) Yes all the accused and complainant/victims are party to the compromise and have signed the same.

(iv) Nil (v) As per the report of Investigating Officer, accused has not been declared proclaimed offender. Nor any PO proceedings have been initiated against him.

(vi) This Court is satisfied that the compromise has been executed by the parties by their own volition and without any threat or pressure from any quarter, Further from the demeanor of the parties, the compromise appears to be genuine and without any undue influence or coercion.

(vii) The genesis of the dispute is an agreement between the parties qua supply of steel crap. As per allegations of complainant the material so supplied by accused was substandard whereas the price was charged for supply of standard goods and thus complainant was duped to the extent of Rs. 52,00,000. Victim Rahul Mahajan is none other than the son of complainant Anil Kumar. He is victim in the present case as part of the amount was transferred to accused from his firm.

It may be mentioned here that the complainant has also nominated one Satish Kumar as accused, however, during inquiry it was found that S