Harpinder Singh And ORS v. State Of Punjab And ANR

CRM-M-13717-2025(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13717-2025 (O&M) Date of Decision: 26.08.2025 HARPINDER SINGH AND ORS ....Petitioners

Versus

STATE OF PUNJAB AND ANR ....Respondents CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Ankit Goyal, Advocate and Mr. Saarib Aggarwal, Advocate for the petitioners. Mr. Amit Shukla, DAG, Punjab.

Mr. Sanjay Khanak, Advocate for Mr. A.S. Brar, Advocate for respondent No.2.

***** RUPINDERJIT CHAHAL, J (ORAL) 1.

The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No. 186 dated 16.12.2023 registered under Sections 341/323/336/148/149 IPC (Sections 34 and 201 added later on) (Sections 148/149 deleted in challan) and Sections 25/27 of Arms Act (Section 25 deleted in challan) at Police Station Kot Ise Khan, Moga, District Moga, Punjab (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise/affidavit dated 18.01.2025 (Annexure P-2).

2.

This Court vide order dated 25.03.2025 had directed the parties to appear before the Illaqa/Duty Magistrate 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 MOHIT 2025.08.27 17:20 I attest to the accuracy and integrity of this document

CRM-M-13717-2025(O&M) -2Judicial Magistrate Ist Class, Moga and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 13.05.2025 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 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. 186 dated 16.12.2023 registered under Sections 341/323/336/148/149 IPC (Sections 34 and 201 added later on) (Sections 148/149 deleted in challan) and Sections 25/27 of Arms Act (Section 25 deleted in challan) at Police Station Kot Ise Khan, Moga, District Moga, Punjab (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 18.01.2025 (Annexure P-2) are quashed qua the petitioner. 7.

Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly.

(RUPINDERJIT CHAHAL) 26.08.2025 JUDGE Mohit Bishnoi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2025.08.27 17:20 I attest to the accuracy and integrity of this document