CRM-M-11580-2024(O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 249 CRM-M-11580-2024(O&M) Date of Decision: 01.04.2025 Manpreet Singh & anr. ….. Petitioners VERSUS State of Punjab & ors. .... Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Aman Kumar, Advocate for Mr. Barjinder Singh, Advocate for the petitioner. Mr. Yuvraj Singh Tiwana, AAG, Punjab. NAMIT KUMAR, J. (ORAL) 1. The present petition has been filed by the petitioners under Section 482 Cr.P.C for quashing of FIR No.076 dated 19.08.2019, registered under Sections363, 366, 34 IPC and Section 4 of the Protection of Children from Sexual Offence Act, 2012 at Police Station Bhindi Saidan, Amritsar Rural,(Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of statement/compromise dated 08.02.2024 (Annexure P-2) executed between the parties. 2. Vide order dated 30.1.2025, the parties were directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise on 13.02.2025. 3. As per report dated 17.02.2025 received from the Court of Monika Verma 2025.04.02 09:32 I attest to the accuracy and authenticity of this order/judgment chandigarh CRM-M-11580-2024(O&M) -2- learned Judicial Magistrate Ist Class, Ajnala, parties did not appear before the Court for recording their statements with regard to compromise on 13.02.2025. 4. Another report dated 25.03.2025 has been received from the Court of learned Additional Sessions Judge, Amritsar, wherein it has been mentioned as under:- “It is respectfully submitted that in compliance to the above said order passed by the Hon'ble Punjab & Haryana High Court, on the subject cited above, received by the court of undersigned on 13.02.2025, in which the trial court/Area Magistrate was directed to get recorded the statements of the parties with regard to compromise and to send the report. Notice to the IO was issued for 15.02.2025. On 15.02.2025, both accused namely Manpreet Singh and Buta Singh and victim Bholi had come present and got recorded their statements with regard to compromise. Victim Bholi got recorded her statement that present case has been registered against the accused on the statement of complainant, who is her mother. Now, matter has been compromised between them and accused persons with the intervention of respectables. She also stated that she has effected compromise with the accused without any coercion pressure or undue influence. There is no other accused in FIR and the parties are not involved or declared as proclaimed offenders in any other case. She has no objection, if the proceedings of the present case may be quashed. Investigating officer and complainant had not come present in the court for recording their statements. Notice to the investigating officer and complainant were ordered to be issued for 03.03.2025 for recording their Monika Verma 2025.04.02 09:32 I attest to the accuracy and authenticity of this order/judgment chandigarh CRM-M-11580-2024(O&M) -3- statements through Special Serving Official. On 03.03.2025, Investigating Officer ASI Lakhwinder Singh had come present and in the court and got recorded his statement that in the present case, there are only two accused namely Manpreet Singh and Buta Singh, against whom, challan has already been presented before the court and none of the accused has been declared Proclaimed Offender. In view of the statement/undertaking given by ASI Lakhwinder Singh, notice to the complainant Veero was ordered to be issued for 12.03.2023 through Special Serving Official. On 12.03.2024, notice issued to the complainant Veero received back unserved. Fresh notice was ordered to be again issued to her for 24.03.2025 through Special Serving Official/through SSP, Amritsar Rural/Concerned SHO and bailable warrants of ASI Lakhwinder Singh were ordered to be issued for the date fixed. On 24.03.2025, Investigating Officer ASI Lakhwinder Singh had come present in the court and suffered a statement that complainant Veero is not traceable on the given address. Her house is lying locked and mobile number is switched off. As per the statmeent of Invesigating Officer, efforts are being made to trace her correct particulars for the service of the summons and to ensure her presence. Accordingly, the report is hereby sent herewith for your kind perusal. The copies of statement of both the accused, victim and Investigating Officer are enclosed herewith for kind perusal. Thanking You, Yours Sicnerely, (Tripat Jot Kaur) Additional Sessions Judge, Amritsar (UID No.PB0212)” Monika Verma 2025.04.02 09:32 I attest to the accuracy and authenticity of this order/judgment chandigarh CRM-M-11580-2024(O&M) -4- 5. Since the complainant neither appeared on 13.02.2025 nor subsequently for recording statement, therefore, it appears that the compromise is not genuine. 6. Faced with this situation, learned counsel for the petitioners wishes to withdraw the present petition at this stage. 7. Dismissed as withdrawn. 01.04.2025 (NAMIT KUMAR) monika JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Monika Verma 2025.04.02 09:32 I attest to the accuracy and authenticity of this order/judgment chandigarh