Rakesh Kumar And Others v. State Of Punjab And Others

CRM-M-55120-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (228-1) CRM-M-55120-2025 Date of Decision:- 21.11.2025 Rakesh Kumar and others ......Petitioners

Versus

State of Punjab and others ......Respondents

CORAM:

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

Present:

Mr. Pulkit Mago, Advocate for Mr. Satnam Singh, Advocate for the petitioners. Mr. Sahil Chowdhary, AAG, Punjab.

Ms. Pragti, Advocate for respondents No. 2 and 3. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed seeking quashing of FIR No.0070 dated 04.10.2024, under Sections 140(3), 127(1), 115(2), 191(3) and 190 of BNS, 2023 registered at Police Station Nurmehal, District Jalandhar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of the compromise dated 16.11.2024 (Annexure P-2).

2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 29.09.2025 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 03.11.2025 has been received from the Judicial Magistrate 1st Class, Phillaur, 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 respondents No. 2 and 3 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. PARUL 2025.11.28 10:37 I attest to the accuracy and authenticity of this document

CRM-M-55120-2025 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.0070 dated 04.10.2024, under Sections 140(3), 127(1), 115(2), 191(3) and 190 of BNS, 2023 registered at Police Station Nurmehal, District Jalandhar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 20,000/- to be deposited by the petitioners collectively and Rs. 10,000/- to be deposited by respondents No. 2 and 3 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 (ALOK JAIN) JUDGE November 21, 2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.11.28 10:37 I attest to the accuracy and authenticity of this document