JASJIT SINGH BEDI, J. (ORAL)
The prayer in the present petition under Section 528 BNSS is for quashing of an FIR No.78 dated 24.10.2023 (Annexure P-1) registered under Sections 324, 323, 171-F, 506, 148 & 149 of IPC (Sections 18(1), 115(2), 173, 351(2), 191(3) and 190 of BNS, 2023) at Police Station Ghuman Kalan, District Gurdaspur and all other consequential proceedings arising therefrom, on the basis of compromise dated 29.10.2026 (Annexure P-2) entered into between the parties.
2. Mr. Anirudh Malan, Advocate has put in appearance on behalf of respondent No.2 and has filed his power of attorney. The same is taken on record.
3. A perusal of the allegations in the FIR would reflect that an offence has been committed under Section 171-F IPC as well and the challan has been submitted under the same Section. The said offence is
CRM-M-62775-2026 (O&M) -2-
not qua a particular person or private in nature but is against the very authority of the State for booth capturing during election, as it pertains to exercising of undue influence or personation at an election. The question of quashing such an FIR on the basis of a compromise does not arise moreso when the said offence is otherwise non-compoundable. The orders relied upon by the learned counsel for the petitioner in the cases of
Rashpal Singh alias Racchpal Singh & others Vs. State of Punjab & another, CRM-M-21598-2023, decided on 24.05.2023 and Amandeep Singh Gill & others Vs. Gurpreet Singh, CRM-M-34732-2023, decided on 18.10.2023 do not reflect the factual scenario in which those orders were passed. It may be reiterated here that in the instant case, the allegations are of booth capturing during elections.
4. In view of the above discussion, the present petition stands dismissed.
5. However, the observations made hereinabove are only for the purposes of deciding the present petition and the Trial Court is free to adjudicate upon the matter on the basis of the evidence led before it uninfluenced by any such observations made herein.
(JASJIT SINGH BEDI)
JUDGE
03.11.2026
JITESH
Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No
2