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Judgment
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.03 dated 05.01.2025, registered under Sections 316(2), 318(4), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS') and Section 24 of the Immigration Act, at Police Station Central Sector 17, Chandigarh, along with all consequential proceedings arising therefrom on the basis of a compromise dated 08.05.2025 arrived at between the petitioners and respondent No.2.
The report dated 02.02.2026 received from the Court of Chief Judicial Magistrate, Chandigarh, through the office of the District & Sessions Judge, Chandigarh, filed in the Registry, is taken on record. The Registry is directed to tag the same at an appropriate place on the case file.
Vide order dated 03.11.2025, a coordinate Bench had directed the parties to appear before the Area Magistrate/trial Court for getting their statements recorded with regard to the compromise dated 08.05.2025.
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 03.11.2025, the parties appeared before the Chief Judicial Magistrate, Chandigarh, and as per the report dated 02.02.2026 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 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 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 Chief Judicial Magistrate, Chandigarh, accompanied by statements of both the parties, the present petition is allowed and FIR No.03 dated 05.01.2025, registered under Sections 316(2), 318(4), 336(3), 338, 340(2) and 61(2) of the BNS and Section 24 of the Immigration Act, at Police Station Central Sector 17, Chandigarh, with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
