Baljinder Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8441-2025 (O&M) Date of decision: 14.05.2025 Baljinder Singh ....Petitioner

Versus

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

Present:

Ms. Meena, Advocate for Mr. Amit Arora, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Jagjeet Singh, 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, seeking quashing of FIR No.212 dated 2.11.2022 registered under Sections 307, 452, 506, 34 IPC and Sections 25, 27 of Arms Act at Police Station Sadar Tarn Taran, District Tam Taran, and all other subsequent proceedings arising therefrom in view of the compromise dated 29.12.2022. 2.

The following order was passed on 14.02.2025:- "XX XX XX XX Notice of motion.

At this stage, Mr. Jagjeet Singh, Advocate, accepts notice on behalf of the complainant/respondent No.2. He

admitted the correctness of compromise and stated that he has no objection if this petition is allowed. On the asking of this Court, Mr. Inderjeet Singh Ladher, DAG, Punjab accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the compromise.

So, the parties are directed to appear before the learned trial court/lllaqa Magistrate on 6.3.2025 or any other date convenient to the trial Court/lllaqa Magistrate and to get record their statements regarding compromise and after recording their statements, learned trial Court/lllaqa Magistrate, is directed to send the same along with his report regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with regard to the following facts : -

1. Number of persons arrayed as accused in the FIR.

2. Whether any accused is proclaimed offender.

3. Stage of the trial/proceedings.

4. Whether the compromise is genuine, voluntary and without any coercion or undue influence.

To come up on 14.5.2025 for awaiting the report. A copy of this order be sent to the learned trial Court/lllaqa Magistrate, through electronic mode, for compliance."

3.

Learned counsel for the petitioner submits that it is a case of no injury as such, the necessary ingredients to invoke the provisions of Section 307 IPC are not attracted. Reliance in this regard is placed upon the judgment passed in "State of Madhya Pradesh vs Laxmi Narayan and others", 2019(5) SCC 688, to contend that once the

prima facie offence under Section 307 IPC is not made out, there is no embargo in quashing of FIR on the basis of compromise. 3.1.

Further, 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.212 dated 2.11.2022 registered under Sections 307, 452, 506, 34 IPC and Sections 25, 27 of Arms Act at Police Station Sadar Tarn Taran, District Tam Taran and all other subsequent proceedings arising out of the same are quashed, qua the petitioner.

(HARPREET SINGH BRAR) JUDGE 14.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No