Balkar Siingh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12387-2025 (O&M) Date of Decision: 12.05.2025 Balkar Singh ....Petitioner

Versus

State of Punjab and another ....Respondent CORAM: HON'BLE MR. JUSTICE SUKHVINDER KAUR

Present:

Mr. V.K. Sachdeva, Advocate for the petitioner. Mr. Satvir Singh Mander, AAG, Punjab.

Mr. Utkarsh Khatana, Advocate for respondent No.2. **** SUKHVINDER KAUR , J. (Oral) The present petition has been filed for quashing of FIR No.268 dated 09.12.2023 registered under Sections 323, 341 and 506 IPC, Police Station Kharar, District SAS Nagar, on the basis of compromise (Annexure P-2).

This Court vide order dated 05.03.2025 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 genuineness of the compromise.

Pursuant to the aforesaid order, parties appeared before the learned Judicial Magistrate 1st Class, Kharar, and got their statements recorded. On the basis of statements so recorded, learned Magistrate has submitted his report dated 05.05.2025 and submitted that as per the statement of the parties, the compromise dated 12.02.2025 effected Jyoti 2025.05.12 17:55 I attest to the accuracy and integrity of this document

CRM-M-12387-2025 (O&M) between them appears to be genuine, voluntary and without any coercion or undue influence.

Learned State Counsel as well as counsel for respondent No. 2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR No. 268 dated 09.12.2023.

Following the principles laid down by the Full Bench Judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the present petitions are allowed and FIR No. 268 dated 09.12.2023 u/s 323, 341 and 506 registered at Police Station Kharar, District SAS Nagar, and all subsequent proceedings arising therefrom, on the basis of compromise dated 12.02.2025 (Annexure P-2) are quashed qua the petitioner.

(SUKHVINDER KAUR) May 12, 2025 JUDGE jyoti3 Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No Jyoti 2025.05.12 17:55 I attest to the accuracy and integrity of this document