275 IN THE HIGH COURT OF PUNJAB AND HARYANA KIRPAL SINGH AND OTHERS STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. Present: Mr. Mr. Rishabh Singla, AAG, Punjab. Mr. Sachin Jain, Advocate for respondent Nos.2 to 5. HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of FIR No. 307/323/148/149/506/34 at Police Station report under Section 8) along with all subsequent proceedings arising therefrom on the basis of compromise dated 2. The following order was passed on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KIRPAL SINGH AND OTHERS V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Abhishek Sharma, Advocate for the petitioner Mr. Rishabh Singla, AAG, Punjab. Mr. Sachin Jain, Advocate for respondent Nos.2 to 5. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.24 dated 307/323/148/149/506/34 of IPC (Section 324 of IPC added later on) at Police Station Ladhowal, District Ludhiana (Annexure P Section 173 Cr.P.C. presented qua petitioner No.1 along with all subsequent proceedings arising therefrom on the basis of compromise dated 11.12.2024 (Annexure P-5). The following order was passed on “By way of present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioners seek quashing of FIR (Annexure P proceedings arising therefrom on th compromise/settlement dated 11.12.2024 (Annexure P between the parties. Details of the FIR are as follows: FIR No. Dated 24 15.03.2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18345-2025 Date of decision: 16.05.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioners. Mr. Sachin Jain, Advocate for respondent Nos.2 to 5. This petition has been filed under Section 528 BNSS, 2023 dated 15.03.2024 under Sections (Section 324 of IPC added later on) registered Ludhiana (Annexure P-1) as well as final presented qua petitioner No.1 (Annexure P- along with all subsequent proceedings arising therefrom on the basis of The following order was passed on 04.04.2025 :- By way of present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 11.12.2024 (Annexure P-5) executed between the parties. Details of the FIR are as follows: Sections Police Station 307, 323, 148, 149, 506, 34 Ladhowal, District MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18345 18345-2025 2 2. It is, inter alia, contended by learned counsel for the petitioners that the instant FIR has been got registered at the instance of respondent No.2, wherein respondent Nos.3 to 5 are victims. He contends that the offence u made out as all the injuries alleged to have been caused are simple in nature and not on the vital part of the body. He contends that after the completion of investigation, challan has been presented against petitioner No.1 and intervention of respectables, compromise has been effected between the parties on 11.12.2024 copy of which is annexed as Annexure P-5, on the basis whereof quashing of FIR has been sought. 3. Notice of motion. 4. On the asking of the Court, Mr. Rajinder Singh Bhatta, DAG Punjab accepts notice on behalf of the State and on instructions from ASI Surender Singh, Investigating Officer of the case present in Court, intimates that all the injuries attributed in the case happen to be simple in nature and not on the vital part of the body. He has also not disputed that all the parties to the FIR have been impleaded in the petition and challan has been presented only qua petitioner No.1, which is pending for 27.07.2025 for consideration on charge. 5. Mr. Sachin Jain, Advocate has put in appearance on behalf of respondent Nos.2 to 5 and filed his power of attorney. He admits the factum of compromise effected between the parties voluntarily and without any pressure. 6. Accordingly, the private parties are directed to appear before the concerned trial Court/Illaqa Magistrate/Judge on duty on 29.04.2025 or any other date recording their statements with regard to compromise/settlement, subject to cost of Rs.30,000/- to be deposited by the petitioners in the Society for the Care of the Blind (details of which is mentioned below), before the date of recording of their statements and IPC; (324 IPC added later on) Ludhiana It is, inter alia, contended by learned counsel for the petitioners that the instant FIR has been got registered at the instance of respondent No.2, wherein respondent Nos.3 to 5 are victims. He contends that the offence under Section 307 IPC is not made out as all the injuries alleged to have been caused are simple in nature and not on the vital part of the body. He contends that after the completion of investigation, challan has been presented against petitioner No.1 and in the meanwhile, with the intervention of respectables, compromise has been effected between the parties on 11.12.2024 copy of which is annexed as 5, on the basis whereof quashing of FIR has been of the Court, Mr. Rajinder Singh Bhatta, DAG Punjab accepts notice on behalf of the State and on instructions from ASI Surender Singh, Investigating Officer of the case present in Court, intimates that all the injuries attributed in imple in nature and not on the vital part of the body. He has also not disputed that all the parties to the FIR in the petition and challan has been presented only qua petitioner No.1, which is pending for 27.07.2025 for consideration on charge. Mr. Sachin Jain, Advocate has put in appearance on behalf of respondent Nos.2 to 5 and filed his power of attorney. He admits the factum of compromise effected between the parties voluntarily and without any pressure. Accordingly, the private parties are directed to appear before the concerned trial Court/Illaqa Magistrate/Judge on duty on 29.04.2025 or any other date, convenient to the Court for recording their statements with regard to compromise/settlement, to be deposited by the petitioners in the Society for the Care of the Blind (details of which is mentioned of recording of their statements and MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18345 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. Learned counsel for the petitioner submits that offence under Section 307 of IPC is not made 18345-2025 3 produce the receipt of the same to the trial Court/Illaqa Magistrate: - Name of the Account Holder Society for Care of Blind, Sector 26, Chandigarh. Bank Account Number 10506615304 IFSC Code SBIN0003246 MICR Code 160002014 Bank Name State Bank of India, Sector 7, Chandigarh (blind_institute_chd@yahoo.com PAN Number AABTS8917R 7. Trial Court/Illaqa Magistrate/ Judge on duty is directed to submit its report specifically para wise on or before the next date of hearing containing the following information: 1. Number of persons arrayed as accused in FIR. 2. Whether any accused is proclaimed offender. 3. Whether the compromise is genuine, voluntary and without any coercion or undue influence. 4. Whether the accused persons are involved in any other case or not. 5. The trial Court is also directed to record the statement of the Investigation Officer as victims/complainants are there in the FIR. 6. The trial Court is also directed to report whether the cost, if any, so imposed by this Court has been deposited or not? 8. To await report of the trial Court, adjourned to 09.05.2025 9. The concerned learned Sessions Judge is directed to communicate the aforesaid report of the concerned trial Court to this Court through e-mail on or before the next date of hearing. In compliance of the aforesaid order, a report has been received e concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from Learned counsel for the petitioner submits that offence under Section 307 of IPC is not made produce the receipt of the same to the trial Court/Illaqa Society for Care of Blind, Sector 26, Chandigarh. 10506615304 SBIN0003246 160002014 State Bank of India, Sector 7, Chandigarh blind_institute_chd@yahoo.com) AABTS8917R Trial Court/Illaqa Magistrate/ Judge on duty is directed to ifically para wise on or before the next date of hearing containing the following information:- 1. Number of persons arrayed as accused in FIR. 2. Whether any accused is proclaimed offender. 3. Whether the compromise is genuine, voluntary and without any coercion or undue influence. 4. Whether the accused persons are involved in any other 5. The trial Court is also directed to record the statement of the Investigation Officer as to how many victims/complainants are there in the FIR. 6. The trial Court is also directed to report whether the cost, if any, so imposed by this Court has been deposited or To await report of the trial Court, adjourned to 09.05.2025 concerned learned Sessions Judge is directed to communicate the aforesaid report of the concerned trial Court to mail on or before the next date of hearing.” In compliance of the aforesaid order, a report has been received e concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from Learned counsel for the petitioner submits that prima facie, offence under Section 307 of IPC is not made out, as such, there is no MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18345 embargo in quashing of the judgment passed by the Hon’ble Supreme Court of India in case of of Madhya Pradesh vs. Laxmi Narayan and others, 2019 (5) SCC 688. 5. In view Hon’ble Supreme Court in and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and 307/323/148/149/506/34 at Police Station report under Section 173 8) and all consequential proceedings arising out of the same are quashed, qua the petitioners. May 16, 2025 manisha (i) (ii) 18345-2025 4 embargo in quashing of the FIR (supra) in terms of compromise in view of the judgment passed by the Hon’ble Supreme Court of India in case of of Madhya Pradesh vs. Laxmi Narayan and others, 2019 (5) SCC 688. 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 46, 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 is allowed and FIR No.24 dated 15.03.2024 under Sections 307/323/148/149/506/34 of IPC (Section 324 of IPC added later on) tion Ladhowal, District Ludhiana (Annexure P report under Section 173 Cr.P.C. presented qua petitioner No.1 and all consequential proceedings arising out of the same are quashed, qua (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable in terms of compromise in view of the judgment passed by the Hon’ble Supreme Court of India in case of The State of Madhya Pradesh vs. Laxmi Narayan and others, 2019 (5) SCC 688. of the compromise and the ratio of law laid down by the Narinder Singh and others vs. State of Punjab Shakuntala Sawhney (Mrs) Vs. and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition 15.03.2024 under Sections (Section 324 of IPC added later on) registered Ludhiana (Annexure P-1) as well as final presented qua petitioner No.1 (Annexure P- and all consequential proceedings arising out of the same are quashed, qua HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment