Amit Batta And Another v. State Of Punjab And Others
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266 37 1%5 + 6 266 *"*0"*"'8%#*'"*"' 37 1"5 9 9 " 4 *(*("*"' 9 9 "The petitioners have 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 petitioners 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 'Rakesh Das Vs. State of
Haryana and another', Neutral Citation: 2024:PHHC;147654
DB.
Notice of motion.
At this stage, Mr. Gurpartap S. Bhullar, AAG, Punjab has put in appearance on behalf of respondent No.1 State of Punjab and accepts notice.
Mr. Karan Bansal, Advocate has accepted notice on behalf of respondent Nos.2 & 3.
The parties are directed to get their statements recorded qua the factum of compromise in the following manner: (i) The parties shall appear before the trial Court/Illaqa Magistrate concerned on 13.08.2025 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 by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer. (iii) The trial Court/Illaqa Magistrate may also choose to 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. The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:
(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. 09.09.2025."
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- 2 9 : & 2 91 "I have the honour to submit that vide order dated 08.08.2025 passed by the Hon'ble High Court in CRM M No. Μ 29278
2025 titled as "Amit Batta and others Vs. State of Punjab and others", the parties were directed to appear before Trial Court/Illaqa Magistrate for recording their statements with regard to the compromise and this court has been directed to submit report regarding whether all the effected parties have entered into compromise and whether the compromise found to be valid compromise and had been effected without any kind of influence or coercion. Whether there is any other accused other than the petitioner arrayed in the petition. Whether there is any other complainant or effected/aggrieved party other than respondent arrayed in the petition. Whether any of the accused were declared Proclaimed offender. Earlier one compliance report was sent to the Hon'ble High Court vide letter no. 135 dated 08.09.
2025 by the undersigned as none of the party turned up before the court for recording their statement in compliance of order dated 08.08.2025 passed by the Hon'ble Punjab and Haryana High Court. Thereafter, copy of order dated 09.09.2025 produced on record by the parties. The order was confirmed by the Ahlmad. As per order dated 09.09.2025 passed by the Hon'ble Punjab and Haryana High Court in CRM M 29278 2025 the parties are further directed to appear before the Trial Court/Illaqa Magistrate for recording their statement qua the factum of compromise in terms of order dated 08.08.2025.
In compliance of the above said directions passed by the Hon'ble High Court, on 15.09.2025 complainant Deepak Takiar and injured Jasmeet Singh and both accused Amit Batta and Aman Batta appeared before this court and requested for making statements with regard to the compromise effected between them. Statements of both the parties were got recorded on 15.09.2025 by way of physical process as all the parties were present in the court. On 17.09.2025 statement of 1.O. ASI Baldev Singh No. 212/LDH recorded. Parties have also placed
on record the copy of written compromise Ex.C1. Copy of Aadhar Card and copy of Driving Licence of complainant as well and copy of Aadhar Card and copy of Driving Licence of copy of injured Jasmeet Singh and copy of Aadhar Card and copy of Driving Licence of accused Amit Batta and Aman Batta is also placed on record.
Statement of I.O. ASI Baldev Singh was also recorded to the effect that "The present FIR has been got registered of the complaint Deepak Takiyar against accused Amit Batta and Aman Batta. There is one another victim/injured namely Jasmit Singh. Apart from the accused Amit and Aman there is no other accused none of accused has been declared proclaimed offender. Apart from complainant Deepak and Jasmit Singh there is no other complainant or injured in the present FIR. Both the complainant/Injured and both the accused has filed quashing petition as compromise has been entered into. Apart from the present FIR no other FIR has been registered against the accused Amit Batta and Aman Batta."
On the basis of statements so made by the parties and 1.O., most humbly it is submitted that present FIR No. 69 dated 08.06.2024, U/S 323, 324, 341, 506, 148, 149, 120 IPC, P.S. Dugri Ludhiana against accused namely Amit Batta and Aman Batta on the complaint of complainant Deepak Takiar. There is one injured namely Jasmeet Singh. As per the statement of I.O. apart from complainant Deepak Takiar and Jasmeet Singh there is no other complainant or injured in the present FIR. Apart from accused Amit Batta and Aman Batta there is no other accused in the present FIR. No other FIR has been registered against accused Amit Batta and Aman Batta. None of accused has been declared proclaimed offender.
It is also humbly submitted that from the statements of parties concerned it can be deduced that parties have arrived into compromise on the basis of their free will and same is genuine, voluntarily and without any coercion or undue influence. This is for your kind information and necessary action please. The statements of both the parties, along with statement of investigating officer are enclosed herewith for kind perusal."
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+* "# % & 9 6 6 ; => 7 2 2 (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.
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1 (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.
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