Saurav Mishra And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr.No.269 Case No. : CRM-M-11921-2025 Decided On : May 21, 2025 Saurav Mishra and another ....

Petitioners vs.

State of Punjab and another ....

Respondents CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Nitin Mittoo, Advocate for the petitioners.

Mr. S. S. Mandher, AAG, Punjab.

Mr. Anshul Sharma, Advocate for respondent no.2.

* * * SUKHVINDER KAUR , J.

:

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for quashing of GD No.22 dated 10.08.2024, under Sections 115(2), 126(2), 351(1), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station City Phagwara, District Kapurthala in FIR No.175 dated 09.08.2024, under Sections 115(2), 351(1), 351(3) of BNS, 2023, registered at the same Police Station and all the subsequent proceedings arising therefrom, on the basis of compromise dated 15.02.2025 (Annexure P-3), arrived at between the parties. 2 .

This Court, vide order dated 04.03.2025, 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 Sub-Divisional Judicial Magistrate, Phagwara and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 07.05.2025 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 have 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 vs. State of Punjab and another reported as 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others reported as (2012) 10 SCC 303, this petition is allowed and GD No.22 dated 10.08.2024, under Sections 115(2), 126(2), 351(1), 3(5) of BNS, 2023, registered at Police Station City Phagwara, District Kapurthala in FIR No.175 dated 09.08.2024, under Sections 115(2), 351(1), 351(3) of BNS, 2023, registered at the same Police Station and all the subsequent proceedings arising therefrom, are quashed, on the basis of compromise dated 15.02.2025 (Annexure P-3), arrived at between the parties. May 21, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ? Yes/No.

Whether reportable ?

Yes/No.