AI Structured Summary
Not yet generated for this judgment
Judgment
VIKRAM AGGARWAL, J (ORAL)
The prayer in this petition is for quashing of FIR No.0115, dated 18.06.2026 registered under Sections 125, 351(2), 351(3), 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short the "BNS") and Section 25, 27 of the Arms Act, 1959 at Police Station Khem Karan, District Tarn Taran along with all subsequent proceedings arising therefrom on the basis of a compromise dated 13.08.2025 arrived at between the petitioner and respondent No. 2.
Status report by way of affidavit of Sh. Preetinder Singh, Deputy Superintendent of Police, Sub-Division Valtoha Camp at Bhikhiwind, District Tarn Taran filed in the Registry and the report dated 11.08.2026 received from the Court of JMIC, Patti through the office of the District & Sessions Judge, Tarn Taran, filed in the Registry, are taken on record. The Registry is directed to tag the same at an appropriate place on the case file.
Vide order dated 07.07.2026, this Court had directed the parties to appear before the Area Magistrate/trial Court for getting their statements recorded with regard to the compromise dated 13.08.2025.
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 07.07.2026 passed by this Court, the parties appeared before the JMIC, Patti and as per the report dated 11.08.2026 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 528 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 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 JMIC, Patti accompanied by statements of both the parties, the present petition is allowed and FIR No.0115, dated 18.06.2026 registered under Sections 125, 351(2), 351(3), 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short the "BNS") and Section 25, 27 of the Arms Act, 1959 at Police Station Khem Karan, District Tarn Taran along with all consequential proceedings arising therefrom is hereby quashed qua the petitioners.
Before parting with this order, it needs to be mentioned that the report submitted by the JMIC, Patti, District Tarn Taran does not comply with the directions of this Court issued vide order dated 07.07.2026 in its entirety as no point-wise report has been given. The officer concerned is advised to be careful in such matters in future. It would also be expected that the office of the District & Sessions Judge concerned would also forward a report only after perusing the same and ensuring that the same is in compliance with the order of this Court. A copy of this order be sent to the District & Sessions Judge, Tarn Taran for information so that in future, such a lapse does not occur.