CRM-M-8159-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (236) CRM-M-8159-2025 (O & M) Date of decision: 13.08.2025 Mohinder Singh and ors. .... Petitioners V/s State of Punjab and anr. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Rajeev Dev Sharma, Advocate, for the petitioners. Mr. M.S. Toor, AAG, Punjab. Mr. Joginder Siwach, Advocate, for respondent No.2. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of FIR No.0061 dated 20.10.2024 under Sections 109, 115(2), 118(1), 126(2), 191(3), 190 of BNS, 2023 registered at Police Station Narot Jaimal Singh, Pathankot, District Pathankot and all consequential proceedings arising therefrom on the basis of a compromise dated 31.01.2025 (Annexure P-2). Vide order dated 21.05.2025 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 21.05.2025 with regard to the compromise (Annexure P-2). SUKHPREET KAUR 2025.08.13 23:49 I attest to the accuracy and integrity of this document chandigarh CRM-M-8159-2025 (O & M) In terms of the order dated 21.05.20255 passed by this Court, the parties have appeared before the Court of the Judicial Magistrate Ist Class, Pathankot and as per the report dated 11.08.2025 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543. In the present case, undoubtedly, the FIR has been registered under Section 109 of BNS, 2023 (i.e. 307 IPC) and therefore, the question would be as to whether the FIR could be quashed. The Hon'ble Supreme Court in Narinder Singh and Others vs State of Punjab and Another, 2014 (2) RCR (Criminal) 482, and State of Madhya Pradesh vs Laxmi Narayan and Others, 2019(2) RCR (Criminal) 255, have categorized those cases where quashing on the basis of compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical SUKHPREET KAUR 2025.08.13 23:49 I attest to the accuracy and integrity of this document chandigarh CRM-M-8159-2025 (O & M) evidence and examine the same to see as to whether the conviction under Section 307 of the IPC was possible or not. Thus, mere registration of an FIR under Section 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed. So far as the injury attracting Section 307 IPC (i.e. injury No.4) is concerned, a perusal of the medico legal report of the complainant- Shubham Singh (injured) would show that the injury No.4 received by him is a grievous injury caused with a sharp-edged weapon. Therefore, in the present case if a conviction was to be recorded, in all probability it would be one under Section 326 IPC and not under Section 307 IPC In view of the above, the present petition is allowed. The FIR No. 0061 dated 20.10.2024 under Sections 109, 115(2), 118(1), 126(2), 191(3), 190 of BNS, 2023 registered at Police Station Narot Jaimal Singh, Pathankot, District Pathankot and all consequential proceedings arising therefrom are hereby quashed on the basis of a compromise (Annexure P-2) qua the petitioners only. Petition stands disposed of. ( JASJIT SINGH BEDI) JUDGE August 13, 2024 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2025.08.13 23:49 I attest to the accuracy and integrity of this document chandigarh