IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

265 CRM-M-269-2026 (O&M).

Date of decision: 20.04.2026.

Kalu and another ...Petitioner(s)

VERSUS State of Punjab and another ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Geeteshwar, Advocate for Mr. R.K. Arya, Advocate, for the petitioners.

Dr. Savi Nagpal, AAG, Punjab.

Mr. Abhinandan Sekhri, Advocate, for respondent No.2.

VINOD S. BHARDWAJ, J. (Oral)

Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No.39 dated 01.11.2025 under Section(s) 115(2), 117(2), 118(1), 191(3) and 190 BNS, 2023, registered at Police Station Nangal Bhoor, District Pathankot, along with all subsequent proceedings arising therefrom on the basis of compromise dated 23.12.2025 (Annexure P-2).

2 Briefly summarized, aforesaid FIR was registered on the basis of statement of Sham Din son of Juman. The translated version of the same is reproduced as under: -

“Statement of Shamdin son of Yuman, resident of village Nalunga, Police Station Nangal Bhur Tehsil and District Pathankot, age about 22 years, mobile number 84372-02795, stated that I am a resident of the above address and doing the work of labor. On 31.10.2025 at around 10:00 AM, I and my brother-in-law Glaso son of Soka, resident of village Kontarpur, had gone to collect straw in village Talwara Jattan on motorcycle No. PB-35-AG-7693 brand CD Deluxe. When we reached at Bus Stand Talwara Jattan in front of sweet shop then Kaka son of Wasir, resident of village Kontarpur, came on a motorcycle and stopped his motorcycle in front of us and said that today they shall teach me a lesson for collecting straw from the fields of Mahinder Singh resident of village Kontarpur. Meanwhile, Kalu son of Wasir, who was hiding himself somewhere, also came and raised lalkara and said that today they would teach me a lesson for collecting straw from the fields of Mahinder Singh and gave a brick blow to my brother- in-law Glaso on his back and Glaso fell down. Subsequently, Kalu son of Wasir gave a rod blow to me on my head. I too fell down. Thereafter, Kalu gave a blow on the fingers of my left hand and then, he hit the thumb of my right hand. As we fell down, my uncle and Kalu kicked me on my shin and my uncle hit me on the back with bricks. We raised hue and cry "maar ditta maar ditta" and seeing the gathering of people, the above said assailants along with their weapons ran away from the spot on their motorcycle. We contacted the son of the Sarpanch of our village on phone number 86994-24297 who came on the spot and arranged a vehicle and took us to CHC Gharota where the doctor dressed our wounds and issued our MLR. The doctor gave us medicine and discharged us. We recorded our statement that strict action be taken against these people, I recorded my statement to you same I read and heard it correctly.”

3 However, with the intervention of the respectables, the parties have decided to compromise the matter. Hence, the present petition.

4 The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 12.01.2026 of this Court, to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for.

5 Pursuant to the said order, report has been received from the Judicial Magistrate First Class, Pathankot, vide Memo No.67 dated

03.02.2026. The relevant extract of the report is reproduced as under:-

“After going through the statements given by complainant and accused persons as well as after perusing the case file carefully and minutely, the following report is submitted as desired by Hon'ble High Court:

(i) That, as per statement of Investigating Officer, there are two persons namely Kalu and Kaga@ Kaka who are arrayed as accused in this case FIR;

(ii) That, there is only one complainant i.e. Sham Din;

(iii) That, all the accused and complainant are party to the compromise and they have s