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High Court of Punjab and HaryanaCRM-M/7094/2025allowed

Sarbjit Singh v. State Of Punjab And Others

2025-11-27Mr. Justice Yashvir Singh Rathor2 pages

CRM-M-7094-2025 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7094-2025(O&M) Decided on : 27.11.2025 SARABJIT SINGH . . . Petitioner

Versus

STATE OF PUNJAB AND OTHERS . . .Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR PRESENT: Mr. Sween Chaudhary, Advocate for Mr. Rahul Deswal, Advocate for the petitioner.

Mr. Ravneet Singh Lekhi, AAG Punjab.

Ms. Shikha Yadav, Advocate for respondents No.2 and 3.

**** YASHVIR SINGH RATHOR , J. (Oral) 1.

Prayer in this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of F.I.R. No.45 dated 04.03.2022, registered under Section 306 of IPC, at Police Station Kharar, District Mohali, Punjab (P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 23.04.2022 (Annexure P-2). 2.

This Court vide order dated 07.02.2025 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise.

3.

Pursuant to the aforesaid order, parties had appeared before learned Judicial Magistrate 1st Class, Kharar, SAS Nagar and got their VISHAL VARDHAN 2025.11.27 07:00 I attest to the accuracy and integrity of this document

CRM-M-7094-2025 (O&M) - 2 - statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 28.03.2025 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 learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served by continuing with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in 2007 (3) RCR (Criminal) 1052 titled as 'Kulwinder Singh and others Versus State of Punjab and another' and approved by the Hon'ble Supreme Court in (2012) 10 SCC 303 titled as 'Gian Singh Versus State of Punjab and others'. Accordingly, the present petition is allowed and the F.I.R. No.45 dated 04.03.2022, registered under Section 306 IPC, at Police Station Kharar, District Mohali, Punjab (P-1) and all subsequent proceedings arising therefrom all subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 23.04.2022, arrived at between the parties. 6.

Pending application(s), if any, also stands disposed of. (YASHVIR SINGH RATHOR) JUDGE 27.11.2025 Vishal Vardhan Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No VISHAL VARDHAN 2025.11.27 07:00 I attest to the accuracy and integrity of this document