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Judgment
36 paragraphs · 541 wordsSanjay Vashisth, J
The present petition under Section 528, BNSS, 2023, has been filed by the petitioners, for quashing of FIR No.67 dated 22.10.2015 (Annexure P-1), for the offences punishable under Sections 3 and 4 of SC and ST Act, 1989 and Section 34 of IPC, registered at Police Station Khilchian, District Amritsar, with all consequential proceedings arising therefrom, on the basis of compromise dated 23.07.2025 (Annexure P-2).
Vide orders dated 27.08.2025 and 06.04.2026, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise.
3.Report has since been received from learned Judicial Magistrate Ist Class, Baba Bakala Sahib, District Amritsar, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondent has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.
The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is reproduced here-below:
Sr. No.
Description
1
Total number of persons found involved as accused in the dispute/FIR
Three (4 accused, one expired)
2
Number of complainant/victim(s)
One
3
Whether all the accused and complainant / victims are party to compromise & signed the same
Yes
4
In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR
No
His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person
--
5
Whether any accused has been declared as a proclaimed offender/ person or any such proceedings against him/her have been initiated or pending adjudication
No
6
Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence
Yes
7
Any other aspect relevant to the present case.
All the relevant aspects have been detailed above.
There were total four accused out of whom one Balwinder Singh has since expired and remaining three have filed the instant petition.
Learned State counsel too submits that there are no other accused other than the petitioners and the private respondent is the only aggrieved person in the FIR in question.
In view of the report of the learned Judicial Magistrate Ist Class, Baba Bakala Sahib, District Amritsar, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.
Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.
Petition stands disposed of.
Pending misc. application(s), if any, also stand(s) disposed of.
