292 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-16543-2025 (O&M) Date of Decision: 28.04.2025 KULDEEP SINGH AND OTHERS …Petitioners V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Vaibhav Bhargav, Advocate for Mr. Gaurav Datta, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Ms. Manisha, Advocate for Mr. Komalpreet Singh, Advocate for respondent No. 2. **** HARPREET SINGH BRAR J. (Oral) 1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.80 dated 23.08.2024 under Sections 419/420/465/467/468/471/120-B of IPC registered at Police Station NRI District Police Commissionerate Amritsar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 21.10.2024 (Annexure P-2). 2. The following order was passed on 26.03.2025: “This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.80 dated 23.08.2024 under Sections 419/420/465/467/468/471/120-B of IPC registered at Police Station NRI District Police Commissionerate Amritsar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 21.10.2024 (Annexure P-2). Learned counsel for the petitioners submits that respondent No.2 is currently residing abroad and he is not in a position to present physically before the learned trial Court/Illaqa Magistrate to record his statement regarding compromise. Therefore, a request for recording statement of respondent No.2 through SPA is made. Notice of motion for 28.04.2025. AJAY GOSWAMI 2025.04.29 18:14 I attest to the accuracy and integrity of this document CRM-M-16543-2025 (O&M) -2- At this stage, on the asking of the Court, Mr. Subhash Godara, Addl.A.G., Punjab accepts notice on behalf of respondent No.1-State and Mr. Komalpreet Singh, Advocate accepts notice for respondent No.2 and files his power of attorney and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. In view of the above, the prayer made by counsel for the petitioner is allowed. Respondent No.2 is allowed to record his statement through SPA before the learned jurisdictional Magistrate. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone. 4. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.80 dated 23.08.2024 under Sections 419/420/465/467/468/471/120-B of IPC registered at Police Station NRI AJAY GOSWAMI 2025.04.29 18:14 I attest to the accuracy and integrity of this document CRM-M-16543-2025 (O&M) -2- District Police Commissionerate Amritsar (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 28.04.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.04.29 18:14 I attest to the accuracy and integrity of this document