Rajinder Shingari v. State Of Punjab And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.3783 of 2025 (O&M) Date of decision: 28.02.2025 Rajinder Shingari ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Vardhani Gupta, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Anirudh Gupta, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (in short 'BNSS, 2023') seeking quashing of FIR No.0152 dated 28.09.2024 under Sections 316(2)/318(4) of BNS registered at Police Station Division A, District Amritsar, and all subsequent proceedings arising therefrom in view of the compromise dated 05.11.2024.

2.

The following order was passed on 23.01.2025:- "XX XX XX XX Notice of motion for 28.02.2025.

At this stage, on the asking of the Court, Mr. Subhash Godara, Addl.A.G., Punjab accepts notice on behalf of respondent No.1-State and Mr. Anirudh Gupta, Advocate accepts notice for respondent No.2 and files his

memorandum of appearance and admits to the factum of compromise. He is directed to file his power of attorney on or before the next date of hearing. Copy of the paper book be supplied to them during the course of day. Service is complete.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.0152 dated 28.09.2024 under Sections 316(2)/318(4) of BNS registered at Police

Station Division A, District Amritsar, and all subsequent proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) JUDGE 28.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No