KRISH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.225 dtd. 25/10/2023, under Ss. 354 and 323 of the IPC, registered at Police Station Chheharta, Amritsar, Punjab, alongwith all other consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2).

(2.) The impugned FIR which is sought to be quashed on the basis of compromise is attached by the petitioners alongwith the present petition as Annexure P-1 and the same is reproduced as under:-

(3.) On the other hand, Mr. Gaurav Gurcharan Singh Rai, Senior DAG, Punjab submitted that he has received an advance copy of the present petition and has also sought instructions in the present case. He submitted on instructions that charges have been framed by the learned trial Court in the present case and now the matter is fixed for prosecution evidence. He further submitted that considering the seriousness of the offence and the allegations made in the FIR, investigation was thoroughly completed and challan was presented and thereafter, the learned trial Court has also framed charges against the petitioners on finding that prima facie case is made out against them on the basis of material available on record and in such cases which fall in the category of serious offence, the mere fact that compromise has been effected between the parties would not entitle the petitioners for seeking quashing of the FIR on the basis of compromise. He also submitted that as per the allegations, respondent No.2-complainant alongwith her husband had gone to watch a Dussehra program at Old Dana Mandi Ground, GT Road, Chheharta and after watching the program as they were leaving, 8-10 young men suddenly approached from behind, out of which three of them who are the petitioners in the present case came towards respondent No.2-complainant with the intent to outrage her modesty and grabbed her from behind and lifted her shirt from both front and back and exposed her body.