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Judgment
VIKRAM AGGARWAL, J (ORAL)
The prayer in this petition, filed under Section 528 of BNSS, 2023, is for quashing of FIR No. 155 dated 24.07.2016, under Sections 451, 341, 323, 148 and 149 of IPC, at Police Station Phillaur, District Jalandhar Rural, with all subsequent proceedings arising therefrom on the basis of a compromise dated 30.08.2025 (Annexure P-2) arrived at between the petitioner and respondent No.2.
On 05.09.2025, a Coordinate Bench passed the following order:-
“The prayer in the present petition under Section 528 BNSS, 2023 is for quashing of an FIR No.155 dated 24.07.2016 registered under Sections 451, 341, 323, 148 and 149 IPC at Police Station Phillaur, District Jalandhar Rural, Punjab and all other consequential proceedings arising therefrom, on the basis of compromise dated 30.08.2025 (Annexure P-2) entered into between the parties.
The learned counsel for the petitioners submits that in order to live peacefully, parties have entered into compromise on 30.08.2025 (Annexure P-2), according to which, both the parties have agreed not to proceed further with the FIR in question.
Notice of motion. Mr. M.S. Toor, A.A.G., Punjab who is present in Court accepts notice on behalf of respondent No.1-State.
Adjourned to 13.01.2026.
Keeping in view the above, the parties are directed to appear before the trial Court/Illaqa Magistrate for recording of their statement upto 27.11.2025 with regard to the compromise/settlement dated 30.08.2025 (P2) by moving an appropriate application or by presenting this order.
The Trial Court/Illaqa Magistrate is directed to submit the report on or before the next date of hearing containing the following information in a tabulated format:-
1.Number of persons arrayed accused in the FIR;
2.Whether any accused is a 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 FIR or not; and
5.The statements of the complainant and all the victims/persons aggrieved shall be recorded by the Trial Court;
6.The Trial Court is also directed to record the statement of the Investigating Officer so as to know how many victims/complainants are there in the FIR and all the victim/complainant as well as accused are party to the compromise in question.
The petitioners shall deposit a cost of Rs.25,000/- (collectively) with the Punjab State Legal Services Authority, Disaster Relief Fund, Account No.44426937384, IFSC Code: SBIN0014656 SBI, Sector 68, SAS Nagar on or before the date of recording of their statements and produce the receipt of the same to the Trial Court/Illaqa Magistrate.”
Thereafter, on 13.01.2026, a Coordinate Bench passed the following order:-
“Mr. Gagandeep Rana, Advocate has appeared and filed his power of attorney on behalf of respondent No.2 today in the Court and the same is taken on record.
Learned State counsel seeks an adjournment to file reply to the fact that the compromise is not a partial compromise, as out of 27 accused, 15 were not forwarded to face trial, qua two accused the FIR has already been quashed, and the proceedings are pending against the remaining 10 accused.
Adjourned to 26.02.2026.”
In compliance with the said order, reply by way of affidavit of Sh. Bharat Masih Ladhar, Deputy Superintendent of Police, Sub-Division Phillaur filed on behalf of respondent No.1 and the report dated 12.12.2025 received from the Court of Sub Divisional Judicial Magistrate, Phillaur, through the office of the District & Sessions Judge, Jalandhar, filed in the Registry, are taken on record.
Learned State counsel submits that there were a total of 27 accused out of which 15 were not forwarded to face trial, FIR quo two already stands quashed vide order dated 01.10.2019, passed in CRM-M-25061 of 2019 (Annexure P-3) and remaining 10 accused have filed the present petition.
Pursuant to order dated 05.09.2025, the parties appeared before the Court of Area Magistrate/trial Court for getting their statements recorded with regard to the compromise dated 30.08.2025.
The Area Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order.
Pursuant to the order dated 05.09.2025 passed by this Court, the parties appeared before the Sub-Divisional Judicial Magistrate, Phillaur, and as per the report dated 12.12.2025, submitted to this Court, both the parties got their respective statements recorded 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. The powers under Section 482 Cr.P.C/528 of the BNSS, 2023, can be exercised in such like situations 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 directions 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 view of the aforesaid report of the Addl. Chief Judicial Magistrate, Moga, accompanied by statements of both the parties, the present petition is allowed and FIR No. 155 dated 24.07.2016, under Sections 451, 341, 323, 148 and 149 of IPC, at Police Station Phillaur, District Jalandhar Rural, with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.