Rakesh Kumar And ANR v. State Of Punjab And ANR

CRM-M-6268-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6268-2025 Date of decision : 21.05.2025 Rakesh Kumar and another ... Petitioners

Versus

State of Punjab and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Sachmeet Singh Randhawa, Advocate for the petitioners. Mr. Hardeep Singh Wadhwa, DAG, Punjab.

Mr. Rajesh Kapila, 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.91 dated 30.07.2021 under Section 306 of IPC registered at Police Station Dhariwal, District Gurdaspur and all the subsequent proceedings including committal order dated 30.01.2024 passed by learned CJM, Gurdaspur arising out of the above FIR therefrom, on the basis of compromise (Annexure P-3). 2.

This Court vide order dated 03.02.2025 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 Additional Sessions Judge, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned Addl. Sessions Judge has submitted copy of report dated 21.02.2025 to the effect that the Renu Rawat 2025.05.22 14:17 I attest to the accuracy and integrity of this document

CRM-M-6268-2025 -2compromise 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 to 4 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.91 dated 30.07.2021 under Section 306 of IPC registered at Police Station Dhariwal, District Gurdaspur and all the subsequent proceedings including committal order dated 30.01.2024 passed by learned CJM, Gurdaspur arising out of the above FIR therefrom, on the basis of compromise (Annexure P-3) are quashed qua the petitioners. (H.S.GREWAL) JUDGE 21.05.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.05.22 14:17 I attest to the accuracy and integrity of this document