Ashok Kumar And Another v. State Of Punjab And Another

142-1 &2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 26.05.2026 1.

ASHOK KUMAR AND ANOTHER ...PETITIONERS V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS 2.

CRM-M-13884-2026 MANPREET AND OTHERS ...PETITIONERS V/S STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. M.S. Dhami, Advocate for the petitioners in CRM-M-13884-2026 and for respondents No.2 in CRM-M-9906-2026.

Mr. Anup Singh, AAG, Punjab.

Ms. Parminder Kaur, Advocate for Mr. Parambir Singh, Advocate for the petitioners in CRM-M-9906-2026 and for the respondents No.2 and 3 in CRM-M-13884-2026.

**** SUBHAS MEHLA, J. (ORAL) 1.

By way of a common order, this Court shall decide both the petitions as these are version and cross version cases. For the sake of brevity,

facts are borrowed from CRM-M-9906-2026 titled as 'Ashok Kumar and another vs. State of Punjab and another'.

2.

These petitions have been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') for quashing of General Diary No.16 dated 09.08.2025 registered under Sections 115(2), 118(1), 3(5) and 329(3) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS, 2023') (Section 238 of the BNS added later on vide order dated 21.05.2026) registered as cross version in FIR No.112 dated 04.08.2025 registered under Sections 115(2), 118(1), 190 and 191(3) of BNS, 2023 at Police Station Balachaur, District S.B.S. Nagar (Annexure P-1), subsequently added with offences under Sections 118(2) and 117(2) of BNS, 2023 vide G.D. No.21 dated 10.08.2025 as well as FIR (Annexure P-1) (Section 3(5) of the BNS added later on and Sections 190 and 191(3) deleted later on, vide order dated 21.05.2026) along with all subsequent proceedings arising therefrom, on the basis of compromise dated 31.01.2026 (Annexure P-4 ) arrived at between the parties.

3.

The above stated FIR was registered on the statement of the complainant/respondent No.2-Ashok Kumar (in CRM-M-13884-2026) and the GDR was registered on the statement of complainant/respondent No.2Balwinder Kumar (in CRM-M-9906-2026). 4.

On notice of motion, complainant/respondent No(s).2 and 3 appeared in both cases the Court through their counsel and submitted that they have no objection if the FIR as well as the DDR, in both the cases are quashed on the basis of the aforesaid compromise, which has been effected between the parties.

5.

During the course of preliminary hearing vide orders dated 18.03.2026 passed by this Court, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise. 6.

In compliance thereof, reports from the Court of learned Judicial Magistrate Ist Class, Balachaur along with statements of the parties have been received in both cases, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. 7.

This Court has heard learned counsel for the parties. 8.

Learned counsel for the petitioner(s) and for private respondents are ad idem that in view of the settlement effected between the parties, both the petitions deserve to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

9.

In view of above, nothing remains to be adjudicated further in the present cases. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amounts to abuse of process of law.

10.

For the reasons afore-stated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, both the petitions are allowed and General Diary No.16 dated 09.08.2025 (Annexure P-2 in CRM-M-9906-2026) registered as cross version in FIR No.112 dated 04.08.2025 (in CRM-M-13884-2026) and all the

subsequent proceedings arising therefrom are hereby quashed qua the petitioners.

11.

A photocopy of this order be placed on the file of other connected case.

(SUBHAS MEHLA) May 26, 2026 JUDGE Manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No