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High Court of Punjab and HaryanaCRM-M/41580/2025allowed

Rajat @ Rajat Ahirwar And Others v. State Of Punjab And Another

2025-11-18Mr. Justice Alok Jain2 pages

CRM-M-41580-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (274-2) CRM-M-41580-2025 (O&M) Date of Decision:- 18.11.2025 Rajat @ Rajat Ahirwar and others ......Petitioners

Versus

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Umesh Kumar Kanwar, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab.

Mr. Kirpal Singh, Advocate for respondent No. 2.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed seeking quashing of FIR No.109 dated 26.09.2024, under Sections 115, 118(1) and 3(5) of BNS, 2023 registered at Police Station Division No. 7 Commissionerate Jalandhar, District Jalandhar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of the compromise dated 04.06.2025 (Annexure P-2).

2.

Keeping in view the fact that the parties entered into a compromise, a Co-ordinate Bench of this Court vide order dated 19.09.2025 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 13.11.2025 has been received from the Chief Judicial Magistrate, Jalandhar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

3.

Learned State Counsel and learned counsel for respondent No. 2 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. PARUL 2025.11.21 10:29 I attest to the accuracy and authenticity of this document

CRM-M-41580-2025 (O&M) 2 4.

Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. The power under Section 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner. 5.

Consequently, this petition is allowed. FIR No.109 dated 26.09.2024, under Sections 115, 118(1) and 3(5) of BNS, 2023 registered at Police Station Division No. 7 Commissionerate Jalandhar, District Jalandhar (Annexure P-2) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioners collectively and Rs. 5,000/- to be deposited by respondent No. 2 within one month from today in the following account:

Haryana Kanya Kosh Society Account No.

671410110011021 IFSC Code BKID0006714 Bank Name Bank of India, Sector 16, Panchkula 6.

Pending application(s), if any, shall stand disposed of. (ALOK JAIN) JUDGE November 18, 2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.11.21 10:29 I attest to the accuracy and authenticity of this document