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Judgment
VIKRAM AGGARWAL, J. (ORAL)
The prayer in this petition, preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), is for quashing of FIR No.206 dated 05.11.2021, registered at Police Station Dugri, District Ludhiana under Sections 406, 420, 34 of IPC and Section 24 of the Immigration Act (offence under Sections 467, 468, 471, 120-B IPC added subsequently), along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioners and respondent No.2 (Annexure P-5).
The report dated 15.09.2026 received from the Court of Judicial Magistrate 1st Class, Ludhiana, through the office of the District & Sessions Judge, Ludhiana, filed in the Registry, is taken on record.
Vide orders dated 01.07.2026 and 27.08.2026, a Coordinate Bench and this Court had directed the parties to appear before the Area Magistrate/trial Court for getting their statements recorded with regard to the compromise (ibid).
The Area Magistrate/trial Court was to submit a report in this regard in terms of the said order.
Pursuant to the orders dated 01.07.2026 and 27.08.2026, the parties appeared before the Judicial Magistrate 1st Class, Ludhiana, and as per the report dated 15.09.2026 submitted to this Court, both parties got their respective statements recorded.
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 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 Apex Court in “Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Crl.) 543” and a Five Judges Bench of this Court in “Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Criminal) 1052”.
In view of the aforesaid report of the Judicial Magistrate 1st Class, Ludhiana, accompanied by statements of both the parties, the present petition is allowed and FIR No.206 dated 05.11.2021, registered at Police Station Dugri, District Ludhiana under Sections 406, 420, 34 of IPC and Section 24 of the Immigration Act (offence under Sections 467, 468, 471, 120-B IPC added subsequently), with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Pending application(s), if any, shall also stand disposed of.