Amit Arjan Mirchandani v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH AMIT ARJAN MIRCHANDANI ....PETITIONER V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS Date of decision: 29.05.2026 Date of Uploading:29.05.2026 CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:

Mr. G.S. Kaura, Advocate for the petitioner. Mr. Gaurav Gurcharan S. Rai, Sr. DAG, Punjab. Ms. Mankreet Sangar, Advocate for Mr. Damanjeet Singh Sangar, Advocate for respondent No.2. ***** SUMEET GOEL , J.

ORAL 1.

The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.24 dated 21.01.2020 under Sections 406, 420 of IPC, registered at Police Station City Kharar, SAS Nagar Mohali, and all consequential proceedings arising therefrom on the basis of compromise dated 01.04.2026 (Annexure P-2), which is stated to have been effected between the parties.

On 04.05.2026, the following order was passed: "The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Learned counsel for the petitioner has submitted that all concerned are parties to the present petition in terms of the dicta of the Division Bench judgment of this Court passed in

CRM-M-48043-2023, titled Rakesh Das v. State of Haryana and another, decided on 12.11.2024.

Notice of motion.

On the strength of advance service of copy of petition; Mr. Adhiraj Singh Thind, AAG Punjab causes appearance and accepts notice on behalf of respondent No.1 - State of Punjab. At this juncture, Mr. Damanjeet Singh Sangar, Advocate causes appearance and accepts notice on behalf of respondent No.2. He ratifies the aspect of compromise having been effected between the parties.

The parties are directed to get their statements recorded qua the factum of compromise in the following manner: (i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 11.05.2026 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.

(ii) In case the statement is to be recorded conferencing, the through video to the satisfaction of the Presiding Officer. (iii) The trial Court/Illaqa Magistrate may also choose the parties concerned shall be duly ed by way of video ly identified video conferencing by their respective counsel, subject get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel.

This shall be subject to satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.

(i) Whether there is any other accused other than the petitioner, arrayed in this petition?

(ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition?

(iii) Whether any accused has been declared Proclaimed Offender?

The report be submitted before this Court before the next date of hearing i.e. 27.05.2026.

₹ The petitioner is directed to deposit a sum of 50,000/- as costs with the Society for the Care of the Blind, Sector 26, Chandigarh, Bank details whereof reads thus:

Account No. 10506615304;

IFSC Code: SBIN0003246;

Bank: State Bank of India, Sector 7, Chandigarh. Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove.

It is explicit that depositing of costs shall not create any kind of equities in favour of the petitioner."

3.

Pursuant to the aforesaid order, report dated 18.05.2026 from Judicial Magistrate, Ist Class, Kharar, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- "With due regard and with reference to the order dated 04.05.2026 passed in the captioned Criminal Miscellaneous, parties were directed to appear before the Ilaqa Magistrate/Trial Court for recording their statements qua compromise and undersigned was directed to submit report on or before the next date of hearing as regards authenticity and genuineness of compromise after recording statement of both the affected parties.

As per the statements of complainant Richa Rani and accused person namely Amit Arjan Mirchandani recorded by the undersigned, both the parties have echoed the version of having arrived at voluntary compromise with free will without any pressure, coercion or undue influence. Complainant person namely Richa Rani even mentioned in her statement that she has no objection if FIR in question is quashed by Hon'ble High Court.

Accused person has also mentioned in his statement that he is entered into compromise with complainant vide compromise deed dated 01.04.2026.

Even Investigating Officer SI Ajay Kumar was also summoned by this court, who also gave his separate statement that there is only one accused person namely Amit Arjan Mirchandani and there is only one complainant namely Richa Rani in the present

FIR. He further stated that the accused person has not been declared Proclaimed offendor not any proclamation proceedings is pending in present FIR against him. It is accordingly submitted on the basis of statement given by IO that there is one accused person namely Amit Arjan Mirchandani in this case and no accused is proclaimed offender. That no other case is registered against accused person. That there is only one complainant/victim namely Richa Rani in this case/FIR and complainant/victim as well as accused person is party to the compromise in question. On the basis of statements made by the parties appearing before me, the compromise on the face of it appears to be genuine one having been arrived at by the parties with free will without any pressure or coercion. There is nothing on the record to doubt the genuineness of the compromise so arrived at between the parties. Offences invoked in the present case are under Sections 406 & 420 of IPC.

With these submissions, the report with regard to the compromise is being submitted accordingly for the kind perusal of the Hon'ble High Court."

4.

Learned counsel for respondent No.2 admits the factum of parties having compromised and states that she has no objection in case the FIR and all proceedings subsequent thereto against the petitioner is quashed. 5.

Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2). 6.

I have heard learned Counsel for the parties and have carefully gone through the records of the case.

7.

This Court and the Hon'ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of

September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon'ble Apex Court and this Court is : (a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code.

(b) However, wider the power greater the caution. (c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes. (d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.

(e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc. (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation. (g) While quashing FIR in non-compoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise.

The statutory provision of Section 528 of BNSS, 2023 is same as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well.

8.

Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 528 of BNSS, 2023 to quash the FIR as :- (i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.

(ii) The offences alleged are primarily of private nature. (iii) The parties have compromised.

(iv) As per the report received the compromise is said to be voluntary in its nature.

(v) Complainant/victim is reported to have entered into compromise on his own volition 9.

Consequently, the petition is allowed. FIR No.24 dated 21.01.2020 under Sections 406, 420 of IPC, registered at Police Station City Kharar, SAS Nagar Mohali, and all consequential proceedings arising therefrom on the basis of compromise dated 01.04.2026 (Annexure P-2), are, hereby, quashed.

10.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 29.05.2026 jatin Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No