Gursahib Singh Bahniwal v. State Of Punjab And Another

CRM-M-5083-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5083-2025 Date of decision : 22.05.2025 Gursahib Singh Bahniwal ... Petitioner

Versus

State of Punjab and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Inderpreet Singh, Advocate for the petitioner. Mr. Gautam Thapar, Sr. DAG, Punjab.na Mr. Jaiteshwar Singh, Advocate for respondent No.2. *** H.S. Grewal, J.(Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No.205 dated 13.12.2024 under Sections 115(2), 3(5), 117(2) of BNS registered at Police Station Jhunir, District Mansa and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.01.2025 (Annexure P-2).

2.

This Court vide order dated 29.01.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

3.

Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class, Sardulgarh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has Renu Rawat 2025.05.23 06:04 I attest to the accuracy and integrity of this document

CRM-M-5083-2025 -2submitted copy of report dated 11.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

4.

Learned State counsel as well as counsel for respondent No.2 has not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.205 dated 13.12.2024 under Sections 115(2), 3(5), 117(2) of BNS registered at Police Station Jhunir, District Mansa and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.01.2025 (Annexure P-2) are quashed qua the petitioners.

(H.S.GREWAL) JUDGE 22.05.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.05.23 06:04 I attest to the accuracy and integrity of this document