State of Punjab & Anr. v. ALOK JAIN

ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: Mr. Himmat Singh Deol, Advocate for the petitioners. Mr. Himmat Singh Deol, Advocate for the petitioners. **** Mr. Iqbalpreet Singh, AAG, Punjab. Mr. Iqbalpreet Singh, AAG, Punjab. Ms. Malbir Aggarwal, Advocate for Ms. Malbir Aggarwal, Advocate for Mr. Karan Singla, Advocate for respondent No.2. Mr. Karan Singla, Advocate for ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral)

#1. 528 BNSS The instant petition has been filed under Section 528 BNSS The instant petition has been filed under Section seeking quashing of FIR No.20 dated 01.02.2025 seeking quashing of 351(1), 01.02.2025, under Sections 351(1), 351(3), 55 of BNS, 2023, registered at Police Station 351(3), 55 of BNS, 2023, Division No.6, registered at Police Station Division No.6, and subsequent proceeding District Police Commissionerate Jalandhar and subsequent proceeding District Police Commissionerate Jalandhar District Police Commissionerate Jalandhar (Annexure arising therefrom on the basis of compromise dated 12.01.2026 (Annexure arising therefrom on the basis of compromise dated arising therefrom on the basis of compromise dated P-3).

#2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated settlement, the Coordinate Ben

20.05.2026 Court vide order dated 20.05.2026 directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report dated 18.05.2026

18.05.2026 has been received from istrate, has been received from Chief Judicial Magistrate, Jalandhar stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is CRM-M-4841 4841-2026 (O&M) -2- re, coercion or undue voluntary and the same is without any pressure, coercion or undue voluntary and the same is without any pressu voluntary and the same is without any pressu influence. It has also been reported that the joint statement of the It has also been reported that the joint statement of the It has also been reported that the joint statement of the h video conferencing and that the accused/petitioners was recorded through video conferencing and that the h video conferencing and that the accused/petitioners was recorded throug accused/petitioners were duly identified by their learned counsel, who accused/petitioners were duly identified by their learned counsel, who accused/petitioners were duly identified by their learned counsel, who accused/petitioners were duly identified by their learned counsel, who countersigned their statement. countersigned their statement.

#3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and of respondent No.2 admit the factum of compromise and submit that they have no objection quashing of the FIR on that basis. no objection in quashing of the FIR on that basis.

#4. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal n futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction n futility, as the chances of conviction such a situation will be an exercise i are bleak. The power under Section 528 BNSS are bleak. The power under Section can be exercised in such 528 BNSS can be exercised in such Gian Singh v. matters. It has been held by Supreme Court of India in cases Gian Singh v. matters. It has been held by Supreme Court of India in matters. It has been held by Supreme Court of India in State of Punjab and another 2012(10) SCC 303 and State of Punjab and another Narinder Singh and 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another ers v. State of Punjab and another 2014(6) SCC 406 that criminal 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out cases having overwhelmingly civil character, particularly those arising out cases having overwhelmingly civil character, particularly those arising out cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, of commercial transactions or matrimonial relationships or family disputes, of commercial transactions or matrimonial relationships or family disputes, of commercial transactions or matrimonial relationships or family disputes, disputes among should be quashed when the parties have resolved the disputes among should be quashed when the parties have should be quashed when the parties have themselves in a bona fide manner. themselves in a

#5. Consequently, the present petition is allowed 20 petition is allowed. FIR No.20 dated 01.02.2025 351(1), 351(3), 55 of BNS, 2023, 01.02.2025, under Sections 351(1), 351(3), 55 of BNS, 2023, 351(1), 351(3), 55 of BNS, 2023, registered registered Division No.6, District Police at Police Station Division No.6, District Police Division No.6, District Police at Police Station Commissionerate Jalandhar and Commissionerate Jalandhar subsequent proceeding arising subsequent proceeding arising subsequent proceeding arising therefrom, are hereby quashed qua the petitioner the petitioners subject to costs of CRM-M-4841 4841-2026 (O&M) -3- Rs.1,00,000 000/- to be paid by the petitioners collectively and Rs.25,000/ s collectively and Rs.25,000/- to be paid by respondent No.2 within a period of be paid by responde within a period of one month from today in Indian Red Cross Society UT Branch Chandigarh, SBI New Haryana “Indian Red Cross Society UT Branch Chandigarh, SBI New Haryana Indian Red Cross Society UT Branch Chandigarh, SBI New Haryana Indian Red Cross Society UT Branch Chandigarh, SBI New Haryana 17, Chandigarh, A/c No.44938097476, IFSC Code Sectt. Sector-17, Chandigarh, A/c No.44938097476, IFSC Code 17, Chandigarh, A/c No.44938097476, IFSC Code Sectt. Sector SBIN0010603 UPI I’d 06280730090@sbi”. SBIN0010603 UPI I’d 06280730090@sbi ”. July 07, 2026 July 07, 2026 Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE