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Judgment
Shalini Singh Nagpal, J. (Oral)
Petitioners seek quashing of FIR No.55 dated 19.07.2016, under Sections 323, 324, 341, 148 and 149 of IPC, Police Station City Rampura, District Bathinda, and all consequential proceedings arising therefrom, on the basis of compromise dated 16.01.2025 said to be arrived at between the parties. Offence under Section 326 IPC was added in the FIR during investigation.
On 28.11.2025, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise. There are five accused persons arraigned in the FIR. Report of learned SDJM shows that two of them namely, Shubham Kohli and Balram Singh have passed away.
In compliance of the aforesaid order, parties appeared before learned Sub Divisional Judicial Magistrate, Phul, on 28.01.2026. Statement of Investigating Officer- HC Rupinderpal Singh, No.597/BTI posted at Police Station Bhagta Bhaika, was recorded on 05.03.2026. Learned Sub Divisional Judicial Magistrate, Phul, has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted:
“1.It is humbly submitted that as per the statements of parties and HC Rupinderpal Singh No.597/BTI, FIR No.55 dated 19.07.2016 under Sections 323/324/341/148/149 of IPC (Section 326 of IPC added later on) was registered at PS City Rampura, District Bathinda at the instance of complainant/respondent No.2 Gurpreet Singh against accused Shubham Kohli son of Sukhdev Kohli resident of near Geeta Bhawan Rampura Mandi, Balraj Singh @ Judge son of Resham Singh resident of Maur Road, Tirwani Giri Mandir, Rampura Phul, District Bathinda, Amandeep Singh @ Amna @ Phook son of Jaskaran Singh resident of House No.453, Village Rampura, Tehsil Phul District Bathinda, Balram Singh son of Nirmal Singh resident of Guru Nanak Pura Mohalla Rampura Mandi and Gopal Singh son of Nirmal Singh resident of Guru Nanak Pura Mohalla Mandi Rampura.
However, it is submitted that accused Shubham Kohli has already been died before presentation of challan and accused Balram Singh passed away during the pendency of this case and proceedings against him was abated vide order dated 01.02.2025. Except the present petitioners/accused (including the deceased Shubham Kohli and Balram Singh) there is no other accused in this case.
Further, it is respectfully submitted that as per the statements of HC Rupinderpal Singh No.597/BTI, accused/petitioners were neither declared as proclaimed offender/person in any case till date nor such proceedings are pending against them.
Said accused/petitioners No.1 to 3 have appeared before undersigned and made their statements in support of compromise so effected between them to the effect that they have entered into compromise with their own will, without any coercion, undue influence or any pressure.
2.Further, it is submitted that there is only one aggrieved/victim/injured/complainant in this case namely Gurpreet Singh and except him there is no other complainant/aggrieved/injured in this It is further humbly submitted that complainant/respondent No.2 has appeared before undersigned and made his statements in support of compromise so effected between them and made his statements in support of compromise so effected between them to the effect that he has entered into compromise with his own will, without any coercion, undue influence or any pressure.
3.It is submitted that challan in this case has already been presented which is pending for framing of amended charge against the accused Amandeep Singh @ Amna and Balraj Singh @ Judge, against whom supplementary challan was presented later on.
4.It is respectfully submitted that accused/petitioners and complainant/respondent No.2 have appeared before undersigned and made their statement in support of compromise effected between them to the effect that they have entered into compromise with their own will, without any coercion, undue influence or any pressure. It is most respectfully submitted that from the statements of petitioners/accused and complainant/respondent No.2, it seems that the compromise effected between the parties is genuine, voluntary, out of free will. Undersigned is satisfied that compromise is not the result of coercion, pressure or undue influence.
5.Further, it is respectfully submitted that as per the statements of HC Rupinderpal Singh No.597/BTI, accused Gopal Singh and Amandeep Singh are not involved in any other case. However, one FIR bearing No. 148 of 2018 under Section 380/457 of IPC at PS City Rampura is registered against petitioner Balraj Singh @ Judge and challan in the said FIR has already been presented in the Court which is pending for 21.05.2026.”
Learned State counsel and learned counsel for respondent No.2 have not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility. Criminal antecedents of the accused cannot be sole consideration to decline quashing of proceedings in FIR.
Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the petition is allowed.
Consequently, FIR No.55 dated 19.07.2016, under Sections 323, 324, 341, 326, 148 and 149 of IPC, Police Station City Rampura, District Bathinda, and all consequential proceedings arising therefrom, are quashed qua the petitioners, on the basis of compromise dated 16.01.2025.
Pending applications, if any, stand disposed of.