286 IN THE HIGH COURT OF PUNJAB AND HARYANA JATINDER SINGH ALIAS GORA AND STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Rishabh Singla, AAG, Punjab. Mr. Vivek Singla, Advocate for respondent No.2. HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of IPC registered at Police Station Chheharta, District Amritsar along with all subsequent proceedings arising therefrom on the basis of compromise dated 2. The following order was passed on 01.10.2024 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JATINDER SINGH ALIAS GORA AND ANOTHER V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Raghav Soni, Advocate for the petitioner Mr. Rishabh Singla, AAG, Punjab. Mr. Vivek Singla, Advocate for respondent No.2. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.90 dated 16.06.202 IPC registered at Police Station Chheharta, District Amritsar along with all subsequent proceedings arising therefrom on the basis of compromise dated 13.09.2024 (Annexure P-2). The following order was passed on 01.10.2024 : “The petitioners seek quashing of FIR No.90 dated 16.06.2022 under Sections 379, 411 IPC registered at Police Station Chheharta, District Amritsar and all consequential proceedings emanating therefrom on the basis of a compromise dated 13.09.2024 (Annexure P- the parties. Notice of motion for 25.02.2025. At this stage, Mr. Vivek Singla, Advocate has put in appearance on behalf of respondent No.2 and has filed Vakalatnama, which is taken on record. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49260-2024 Date of decision: 25.03.2025 ANOTHER ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR for the petitioners. Mr. Vivek Singla, Advocate for respondent No.2. This petition has been filed under Section 528 BNSS, 2023 FIR No.90 dated 16.06.2024 under Sections 379 & 411 IPC registered at Police Station Chheharta, District Amritsar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of The following order was passed on 01.10.2024 :- The petitioners seek quashing of FIR No.90 dated 16.06.2022 under Sections 379, 411 IPC registered at Police Station Chheharta, District Amritsar and all consequential proceedings emanating therefrom on the basis of a compromise -2) having been effected between Notice of motion for 25.02.2025. At this stage, Mr. Vivek Singla, Advocate has put in appearance on behalf of respondent No.2 and has filed Vakalatnama, which is taken on record. MANISHA 2025.03.26 17:28 I attest to the accuracy and authenticiy of this order/judgment CRM-M-49260 3. Thereafter, on appear before the jurisdictional/Illaqa Magistrate within a period of two weeks. In compliance of the aforesaid order 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 and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 49260-2024 2 The parties are directed trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Il consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requis Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects: (i) Whether there is any other accused other than the petitioner, arrayed in this petition. (ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition. (iii) Whether any accused has been declared Proclaimed Offender? (iv) Whether the compromise in question is fou valid compromise and has been effected without there being any kind of influence or coercion? The report be submitted before this Court on or before the next date.” Thereafter, on 25.02.2025, the parties were again directed to re the jurisdictional/Illaqa Magistrate within a period of two In compliance of the aforesaid orders, 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. In view of the compromise and the ratio of law laid down by the e 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 to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following (i) Whether there is any other accused other than the n this petition. (ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, (iii) Whether any accused has been declared Proclaimed (iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion? The report be submitted before this Court on or before the , the parties were again directed to re the jurisdictional/Illaqa Magistrate within a period of two , 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. In view 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 MANISHA 2025.03.26 17:28 I attest to the accuracy and authenticiy of this order/judgment CRM-M-49260 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Cr is allowed and registered at Police Station Chheharta, District Amritsar all consequential proceedings arising out of the same are quashed, qua the petitioners. March 25, 2025 manisha (i) (ii) 49260-2024 3 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Cr is allowed and FIR No.90 dated 16.06.2024 under Sections 379 registered at Police Station Chheharta, District Amritsar all consequential proceedings arising out of the same are quashed, qua the (HARPREET SINGH BRAR 5 Whether speaking/reasoned Whether reportable Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition under Sections 379 & 411 IPC registered at Police Station Chheharta, District Amritsar (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.03.26 17:28 I attest to the accuracy and authenticiy of this order/judgment