CRM-M/71308/2025 of KULBHUSHAN AGGARWAL AND ANOTHER Vs STATE OF PUNJAB AND OTHERS on 23 July 2026

1. Petitioners seek quashing of FIR No. 0051 dated 01.04.2025 under Sections 125(a), 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, Police Station City Malout, District Shri Muktsar Sahib and all subsequent proceedings arising therefrom, on the basis of compromise.

2. On 18.02.2026, this Court directed the parties to appear before the trial Court/Illaqa Magistrate for recording of their statements with regard to compromise.

3. In compliance of the order dated 18.02.2026, parties appeared before learned Sub Divisional Judicial Magistrate, Malout on 02.04.2026. Statement of the Investigating Officer, HC Bohar Singh, No. 153/SMS, posted at P.S.City Malout was recorded on 06.04.2026. Learned Sub Divisional Judicial Magistrate, Malout has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Relevant portion of the report is reproduced as under: “2. In response to para no. (i) it is submitted that as per statement of investigating officer, only two person namely Kulbhushan Aggarwal and Munesh Kumar are arrayed as accused in the present case. None of the accused has been declared proclaimed person.

3. In response to para no. (ii), it is submitted that as per statement of investigating officer, Naginder Kumar is complainant and Samir is victim and aggrieved in the present case.

4. In response to para no. (iii), it is submitted as per statement of investigating officer, challan has not been presented in the present case so far.

5. In response to para no. (iv) it is submitted that compromise is genuine, voluntary and without any coercion or undue influence and free will of the parties.

6. In response to para no. (v) it is submitted that as per statement of investigating officer, no other criminal case is pending against the accused.”

4. Learned counsel for the petitioner relies upon judgments of Co- ordinate Benches of this Court in CRM-M-8178-2020 titled Gurpreet Singh Vs. State of Punjab and Another decided on 24.01.2023 and CRM-M-13025- 2019 titled Riya Gulati Vs. State of Haryana and Another decided on 29.01.2020 to submit that FIR under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 can be quashed on the basis of compromise.

5. Learned State counsel and learned counsel for respondents No. 2 and 3 have not raised any dispute regarding the factum of compromise. As per statements made by respondents No. 2 and 3 before learned Sub Divisional Judicial Magistrate, Malout, a cheque of ₹6,25,000/- was made over to the victim as compensation. Besides that, petitioner also paid ₹2,50,000/- incurred on treatment of the victim, who has since attained majority. Learned counsel for the petitioner concedes that the cheque of ₹6,25,000/- had been encashed. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility.

6. Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the petition is allowed.

7. FIR No. 0051 dated 01.04.2025 under Sections 125(a), 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, Police Station City Malout, District Shri Muktsar Sahib with all the subsequent proceedings arising therefrom, is quashed qua the petitioners.

8. Pending CRM(s), if any, are also disposed of accordingly. (SHALINI SINGH NAGPAL) July 23, 2026

JUDGE Ajay Goswami Whether speaking/reasoned : Yes/No Whether reportable : Yes/No