Baljinder Singh Bhatia And ANR v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 07.08.2025 Baljinder Singh Bhatia and another . . . Petitioner(s)
Versus
State of Punjab and another . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. T.S. Attariwala, Advocate for the petitioner(s).
Mr. Jasdeep Singh, Addl. AG, Punjab.
Mr. Dhanveer Singh, Advocate for respondent No.2.
**** SANJAY VASHISTH , J. (Oral) 1.
Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the compromise dated 06.05.2025 and 21.05.2025 (Annexure P-2 & P-3, respectively), effected between the parties. DETAILS OF CRIMINAL CASE:- FIR No.
Date Section(s) Police Station District 0239 24.06.2021 295-A of IPC City Kharar SAS Nagar 2.
Counsel broadly argues that, even if the alleged facts are taken to be true on their face value, the same do not constitute any offence punishable under Section 295-A of the IPC, particularly in view of the fact that the parties have already compromised the dispute and no third person has come forward to express any grievance of any kind.
- 2 - 3.
Vide order dated 27.05.2025, 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. 4.
Report has since been received from learned Sub Divisional Judicial Magistrate, Kharar, 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 respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.
5.
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 Two 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 Yes
- 3 - without any coercion or undue influence 7.
Any other aspect relevant to the present case.
All the relevant aspects have been detailed above.
6.
Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved person in the FIR in question.
7.
In view of the report of the learned Sub Divisional Judicial Magistrate, Kharar, 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.
8.
Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 9.
Petition stands disposed of.
(SANJAY VASHISTH) JUDGE August 07, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No