Balwinder Singh @ Yaka @ Model v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16318-2025 (O&M) Date of decision: 24.04.2024 Balwinder Singh @ Yaka @ Model ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. R.S. Sidhu, Advocate for the petitioner.

Mr. Nitesh Sharma, DAG, Punjab.

Ms. Gurpreet Kaur, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.129 dated 11.12.2010 registered under Sections 452, 427, 506, 148, 149 IPC at Police Station Goindwal Sahib, District Tarn Taran, and all other subsequent proceedings arising therefrom in view of the compromise dated 10.03.2025.

2.

The following order was passed on 25.03.2025:- "XX XX XX XX Learned counsel for the petitioner submits that initially two persons were nominated as accused. Further submits that the co-accused of the petitioner has already been convicted by the learned trial Court and the

petitioner is the only surviving accused now facing the trial.

Notice of motion for 24.04.2025.

At this stage, on asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1 - State and Ms. Gurpreet Kaur, Advocate accepts notice on behalf of respondent No.2 and files Vakalatnama, which is taken on record. Copy of the paper book be supplied to them during the course of day. Service is complete.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 24.04.2025.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney

(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.129 dated 11.12.2010 registered under Sections 452, 427, 506, 148, 149 IPC at Police Station Goindwal Sahib, District Tarn Taran and all other subsequent proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) JUDGE 24.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No