Gurmit Singh v. State Of Punjab & Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision: 21.04.2026 GURMIT SINGH ...PETITIONER
VERSUS
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present:
Mr. Vijay Kumar, Advocate for the petitioner. Mr. Akash Yadav, AAG Punjab.
Mr. Vishal Munjal, Advocate for respondent No.2. *** Shalini Singh Nagpal, J. (Oral) 1.
Petitioner seeks quashing of GD No.44 dated 09.12.2019 under Section 354-A IPC, Police Station Dasuya, District Hoshiarpur in FIR No.182 dated 01.12.2019 under Sections 323, 341, 506, 34 IPC, Police Station Dasuya, District Hoshiarpur and all consequential proceedings arising therefrom, including order dated 17.09.2025 of learned Judicial Magistrate Ist Class, Dasuya vide which charges under Sections 323, 509 IPC were framed against petitioner and under Section 354-A in the crosscase, on the basis of compromise dated 16.02.2026. 2.
On 17.03.2026, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 16.02.2026.
3.
In compliance of the aforesaid order, parties appeared before learned Judicial Magistrate Ist Class, Dasuya on 06.04.2026. Statement of Investigating Officer SI Balbir Singh was recorded on 08.04.2026. Learned Judicial Magistrate Ist Class, Dasuya has submitted her report recording
satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted: Sr.
No.
Questions Answers From perusal of the FIR No.182, dated 0112-2019, under Section 323, 341, 506 read with Section 34 IPC Cross case DDR No.44 dated 09-12-2019, under Section 354A IPC, PS Dasuya and as per the statement of the complainant and investigating officer there is only one accused in the case namely Gurmit Singh son of Kartar Singh resident of Ibrahimpur, Tehsil Dasuya, District Number of accused arraigned in the FIR.
Hoshiarpur.
Number of accused who have appeared before the Trial Court and made statements.
The accused Gurmit Singh has appeared before the undersigned and has made statement.
Whether during investigation, any additional accused has been added and he/she is a party to the compromise.
As per the statement of the investigating officer no additional accused has been added in the present case during investigation.
Whether any of the accused is an absconder/proclaimed person(s).
As per the Statement of the investigating officer no accused/absconder/ proclaimed person(s) in the present FIR.
Whether after the registration of the FIR, any offence was added or deleted As per the statement of the investigating officer, no offence was added or deleted during investigation.
during investigation.
Whether investigation is pending against any of the accused or any accused has been declared as innocent.
As per the statement of the investigating officer no investigation is pending against any of the accused and none of the accused has been declared as innocent.
Name of the complainant and injured/aggrieved.
Kulwant Kaur wife of Tarlochan Singh resident of Ibrahimpur, Tehsil Dasuya, District Hoshiarpur.
Whether all injured/aggrieved have appeared and their statements recorded.
Yes.
Whether any Investigating Officer has The investigating officer namely SI Balbir appeared and whether his/her statement has been recorded.
Singh No.319/HPR has come present and his statement has been recorded.
The stage at which the trial is pending At this stage the trial is pending for prosecution evidence.
The factum of compromise is not disputed.
Compromise seems to be genuine, effected Satisfaction of the Trial Court that the compromise is genuine, voluntary amicably and voluntarily and without any coercion or undue influence and out of the and out of free will of the parties.
free will of the parties.
Whether any other criminal case or proceedings is pending against the accused.
As per the statement of the investigating officer, the case FIR No.293 dated 23-112015 under Section 323, 427, 148, 149
IPC was registered against the accused Gurmit Singh resident of Ibrahimpur, Tehsil Dasuya, Distt. Hoshiarpur. The accused Gurmit Singh has been acquitted in the said case vide judgment dated 2307-2019 passed by the Court of Sh. Varinder Kumar, the then Ld. JMIC, Dasuya, and except the said case no other case is pending against the accused Gurmit Singh.
4.
Learned State counsel and learned counsel for respondent No.2 have not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility.
5.
Following principles of law 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 Hon'ble Supreme Court in "Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303, the petition is allowed.
6.
GD No.44 dated 09.12.2019 under Section 354-A IPC, Police Station Dasuya, District Hoshiarpur in FIR No.182 dated 01.12.2019 under Sections 323, 341, 506, 34 IPC, Police Station Dasuya, District Hoshiarpur and all consequential proceedings arising therefrom including order dated 17.09.2025 of learned Judicial Magistrate Ist Class, Dasuya vide which charges under Sections 323, 509 IPC were framed against petitioner and under Section 354-A in the cross-case, are quashed qua the petitioner, on the basis of compromise dated 16.02.2026.
7.
Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 21.04.2026 HS.CHAUHAN Whether Speaking/Reasoned :
Yes/No Whether Reportable :
Yes/No