Mr. Manoj R. Sharma, Advocate, for & Ors. v. Punjab and another & Ors.

Mr. Manoj R. Sharma, Advocate, for the petitioner Advocate, for the petitioners Mr. Hemant Aggarwal, DAG, Punjab Mr. Hemant Aggarwal, DAG, Punjab Mr. Sandeep Sharma, Advocate, for respondents , Advocate, for respondents no.2 & 3 --- SUMEET GOEL, J. (ORAL) SUMEET GOEL, J. (ORAL)

#1. Bharatiya Nyaya Present petition has been filed under Section 528 of Bharatiya Nyaya Present petition has been filed under Section Present petition has been filed under Section Sanhita, 2023 , 2023 for quashing of FIR No.7 dated 323, dated 3.3.2024 under Sections 323, (Sections 324, 325 and 326 of IPC added later on), 341, 148, 149 of IPC (Sections 324, 325 and 326 of IPC added later on) (Sections 324, 325 and 326 of IPC added later on) 341, 148, 149 registered at Police Station Ghuman Kalan, District Gurdaspur, registered at Police Station and all Ghuman Kalan, District Gurdaspur, and all proceedings arising therefrom on the basis of compromise deed subsequent proceedings arising therefrom on the basis of compromise deed proceedings arising therefrom on the basis of compromise deed subsequent dated 16.3.2026 (Annexure

16.3.2026 (Annexure P-2). 2 , the following order was passed: On 9.4.2026, the following order was passed: On Prayer in the present petition under Section 528 of the ‘Prayer in the present petition Bharatiya Nagarik under Section 528 of the Bharatiya Nagarik dated 03.03.2024 registered Suraksha Sanhita, 2023 is for quashing of FIR No.07 dated 03.03.2024 registered Suraksha Sanhita, 2023 is for quashing of FIR No.07 Suraksha Sanhita, 2023 is for quashing of FIR No.07 Penal Code, 1860 (Sections 324, under Sections 323, 341, 148, 149 of the Indian Penal Code, 1860 (Sections 324, under Sections 323, 341, 148, 149 of the Indian under Sections 323, 341, 148, 149 of the Indian man Kalan, District 325 and 326 IPC added later on) at Police Station Ghuman Kalan, District 325 and 326 IPC added later on) at Police 325 and 326 IPC added later on) at Police proceedings arising therefrom on the basis Gurdaspur along with all subsequent proceedings arising therefrom on the basis proceedings arising therefrom on the basis Gurdaspur along with all subsequent of compromise dated 16.03.2026 (Annexure P of compromise dated 16.03.2026 (Annexure P-2). CRM-M No. M No.19443 of 2026 -2- case i.e. in FIR 2. Counsel for the petitioners submits that the dispute in the main case i.e. in FIR 2. Counsel for the petitioners submits that the dispute in the main 2. Counsel for the petitioners submits that the dispute in the main No.07 dated 03.03.2024 impugned herein, has been resolved No.07 dated 03.03.2024 im amicably and parties pugned herein, has been resolved amicably and parties have agreed to get the proceedings quashed. have agreed to get the proceedings quashed. have agreed to get the proceedings quashed.

#3. Notice of motion. 3. Notice of motion. behalf of 4. Dr. (Ms.) Savi Nagpal, Asst. A.G. Punjab accepts notice on behalf of 4. Dr. (Ms.) Savi Nagpal, Asst. A.G. Punjab accepts notice on 4. Dr. (Ms.) Savi Nagpal, Asst. A.G. Punjab accepts notice on respondent No.1-State and prays for some time to file the respondent No.1 status report, if so State and prays for some time to file the reply/status report, if so advised. advised. power of attorney 5. Mr. Sandeep Sharma, Advocate enters appearance and files power of attorney 5. Mr. Sandeep Sharma, Advocate enters appearance and files 5. Mr. Sandeep Sharma, Advocate enters appearance and files dispute the fact that the on behalf of respondents No.2 and 3 and he does not dispute the fact that the on behalf of respondents No.2 and 3 and he does not on behalf of respondents No.2 and 3 and he does not is taken matter has been compromised between the parties. The power of attorney is taken matter has been compromised between the parties. matter has been compromised between the parties. needful. on record. Registry is directed to do the needful. on record. Registry is directed to do the

#6. The affected parties are directed to appear before the learned Trial 6. The affected parties are directed to appear before the learned Trial 6. The affected parties are directed to appear before the learned Trial 6. The affected parties are directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with Court/Illaqa Magistrate, for getting their respective statements recorded with Court/Illaqa Magistrate, for getting their respective statements recorded with Court/Illaqa Magistrate, for getting their respective statements recorded with 2026 subject to producing original regard to the compromise on or before 07.05.2026 subject to producing original regard to the compromise on or before 07.05. regard to the compromise on or before 07.05. compromise before trial Court and further subject to the petitioners’ depositing compromise before trial Court and further subject to the petitioners’ depositing compromise before trial Court and further subject to the petitioners’ depositing compromise before trial Court and further subject to the petitioners’ depositing with “Red Cross Old Age Home, total costs of Rs. 25,000/- with “Red Cross Old Age Home, with “Red Cross Old Age Home, total costs of Rs. 25,000/ , A/c , A/c , A/c No.50100286016319, IFS Code HDFC0004030, HDFC Bank, Sector 15, No.50100286016319, IFS Code HDFC0004030, HDFC Bank, Sector 15, No.50100286016319, IFS Code HDFC0004030, HDFC Bank, Sector 15, No.50100286016319, IFS Code HDFC0004030, HDFC Bank, Sector 15, hereupon, the concerned Court shall submit a detailed report, Panchkula”. Thereupon, the concerned Court shall submit a detailed report, hereupon, the concerned Court shall submit a detailed report, Panchkula”. T containing the information on the following points, along with copies of the containing the information on the following points, along with copies of the containing the information on the following points, along with copies of the containing the information on the following points, along with copies of the statements to this Court, on or before the adjourned date:- statements to this Court, on or before the adjourned date: statements to this Court, on or before the adjourned date: i. Total number of persons found involved as accused in the dispute/FIR; i. Total number of persons found involved as accused in t i. Total number of persons found involved as accused in t ii. Number of complainant/victim(s); ii. Number of complainant/victim(s); party to compromise & iii. Whether all the accused and complainant / victims are party to compromise & iii. Whether all the accused and complainant / victims are iii. Whether all the accused and complainant / victims are signed the same; signed the same; left out or not arrayed iv. In case, any affected person (accused or complainant) is left out or not arrayed iv. In case, any affected person (accused or complainant) is iv. In case, any affected person (accused or complainant) is as party in the quashing petition before High Court, detail whereof; OR as party in the quas His/her before High Court, detail whereof; OR His/her the direction of this Court, statement is still to be recorded, in compliance to the direction of this Court, statement is still to be recorded, in compliance to statement is still to be recorded, in compliance to details of such person; details of such person; offender/person or v. Whether any accused has been declared as a proclaimed offender/person or v. Whether any accused has been declared as a proclaimed v. Whether any accused has been declared as a proclaimed any such proceedings against him/her any such have been proceedings against him/her have been initiated or pending initiated or pending adjudication; adjudication; voluntary, and without vi. Report of the Court whether compromise is genuine, voluntary, and without vi. Report of the Court whether compromise is genuine, vi. Report of the Court whether compromise is genuine, any coercion or undue influence; any coercion or undue influence; vii. Any other aspect relevant to the present case. vii. Any other aspect relevant to the present case. vii. Any other aspect relevant to the present case.

07.2026, awaiting report. 7. To come up on 17.07.2026, awaiting report. 7. To come up on 17.

#8. Reply by the respondent-State, if any, be filed on or before the 8. Reply by the respondent next date of State, if any, be filed on or before the next date of hearing.’ hearing

#3. Pursuant to the aforesaid order, report dated 5.6.2026 from Judicial Pursuant to the aforesaid order, report dated Pursuant to the aforesaid order, report dated CRM-M No. M No.19443 of 2026 -3- Magistrate Ist Class, Gurdaspur, has been received, which is taken Magistrate Ist Class on record. has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- As per the report, the Trial Court has recorded as follows: As per the report, the Trial Court has recorded as follows: ‘(i) There were eight accused namely Jagroop Singh, Prabhjot Singh @ There were eight accused namely Jagroop Singh, Prabhjot Singh @ There were eight accused namely Jagroop Singh, Prabhjot Singh @ Prabh, Gurlab Singh @Gulaba, Mangal Singh @ Manga, Amritpal Singh, Prabh, Gurlab Singh @Gulaba, Mangal Singh @ Manga, Amritpal Singh, Prabh, Gurlab Singh @Gulaba, Mangal Singh @ Manga, Amritpal Singh, Prabh, Gurlab Singh @Gulaba, Mangal Singh @ Manga, Amritpal Singh, Happy and Lovepreet Singh @ Simranjit Singh @ Saila, Sukhjinder Singh @ Happy and Lovepreet Singh @ Simranjit Singh @ Saila, Sukhjinder Singh @ Simranjit Singh @ Saila, Sukhjinder Singh @ Labhu arrayed in the present case. Labhu arrayed in the present case. (ii) There were two complainants namely Jarnail Singh & Karnail Singh sons There were two complainants namely Jarnail Singh & Karnail Singh sons There were two complainants namely Jarnail Singh & Karnail Singh sons of Sarwan Singh. of Sarwan Singh. (iii) (iii) All the accused namely Jagroop Singh, Prabhjot Singh @ Prabh, Gurlab All the accused namely Jagroop Singh, Prabhjot Singh @ Prabh, Gurlab All the accused namely Jagroop Singh, Prabhjot Singh @ Prabh, Gurlab gh @ Manga, Amritpal Singh, Simranjit Singh @ Singh @ Gulaba, Mangal Singh @ Manga, Amritpal Singh, Simranjit Singh @ gh @ Manga, Amritpal Singh, Simranjit Singh @ Singh @ Gulaba, Mangal Sin Saila, Sukhjinder Singh @ Happy, Lovepreet Singh @ Labhu and complainants Saila, Sukhjinder Singh @ Happy, Lovepreet Singh @ Labhu and complainants Saila, Sukhjinder Singh @ Happy, Lovepreet Singh @ Labhu and complainants Saila, Sukhjinder Singh @ Happy, Lovepreet Singh @ Labhu and complainants namely Jarnail Singh & Karnail Singh are party to the compromise & they have namely Jarnail Singh & Karnail Singh are party to the compromise & they have namely Jarnail Singh & Karnail Singh are party to the compromise & they have namely Jarnail Singh & Karnail Singh are party to the compromise & they have signed the same. signed the same. is left out or not arrayed as party in the iv) There is no other affected person who is left out or not arrayed as party in the (iv) There is no other affected person who iv) There is no other affected person who quashing petition. quashing petition. v) The accused were not declared proclaimed offender/person. (v) The accused were not declared proclaimed offender/person. v) The accused were not declared proclaimed offender/person. vi) The said compromise is genuine, voluntary, without any coercion or undue (vi) The said compromise is genuine, voluntary, without any coercion or undue vi) The said compromise is genuine, voluntary, without any coercion or undue vi) The said compromise is genuine, voluntary, without any coercion or undue influence. influence. section 103, 3(5), 140(1), 61(2) of vii) One FIR no. 118 dt. 19.10.2025 under section 103, 3(5), 140(1), 61(2) of (vii) One FIR no. 118 dt. 19.10.2025 under vii) One FIR no. 118 dt. 19.10.2025 under BNS, P.S. Ghaniye Ke Bangar was registered against accused Prabhjot Singh @ BNS, P.S. Ghaniye Ke Bangar was registered against accused Prabhjot Singh @ BNS, P.S. Ghaniye Ke Bangar was registered against accused Prabhjot Singh @ BNS, P.S. Ghaniye Ke Bangar was registered against accused Prabhjot Singh @ Prabh. No other FIR is registered against any other accused. Prabh. No other FIR is registered against any other accused. Prabh. No other FIR is registered against any other accused. It is further pertinent to mention here that in compliance of the order, the accused It is further pertinent to mention here that in compliance of the order, the accus It is further pertinent to mention here that in compliance of the order, the accus It is further pertinent to mention here that in compliance of the order, the accus have also deposited cost of Rs.25,000/-.’ have also deposited cost of Rs.25,000/

#4. Learned counsel for respondents Learned counsel for respondent admits the factum of No.2 and 3 admits the factum of parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the impugned FIR is quashed. impugned

#5. he has no objection in Similarly, learned State counsel has stated that she has no objection in Similarly, learned State counsel has stated that Similarly, learned State counsel has stated that case the impugned FIR case the impugned

#6. I have heard learned counsel for the parties and have carefully gone I have heard learned counsel for the parties and have carefully gone I have heard learned counsel for the parties and have carefully gone I have heard learned counsel for the parties and have carefully gone through the records of the case. through the records of the case.

#7. the issue of This Court and Apex Court has repeatedly dealt with the issue of This Court and Apex Court has repeatedly dealt with This Court and Apex Court has repeatedly dealt with exercise of jurisdiction under Section 482 of the Code to quash proceeding exercise of jurisdiction under Section 482 of the Code to quash proceeding exercise of jurisdiction under Section 482 of the Code to quash proceeding exercise of jurisdiction under Section 482 of the Code to quash proceeding Gian Singh vs. State of compoundable offences in the cases of Gian Singh vs. State of compoundable offences in the cases of in non-compoundable offences in the cases of CRM-M No. M No.19443 of 2026 -4-