Harjinder Singh And Others v. State Of Punjab And Another

CRM-M-16046-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16046-2025 Date of decision:27.05.2025 Harjinder Singh & others ... Petitioners Vs.

State of Punjab & another ... Respondents

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA.

Present:

Mr. Deepak Arora, Advocate for the petitioners. Ms. Sakshi Bakshi, AAG, Punjab.

Mr. Anmol Thakur, Advocate for respondent No.2. ...

MANISHA BATRA, J. (ORAL).

1.

The present petition has been filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No.66 dated 08.11.2024 registered under Sections 118(1), 115(2), 303(2), 3(5) of BNS (Section 118(2) of BNS has been added subsequently), at Police Station Kahnuwan, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 17.02.2025 (Annexure P-4).

2 .

This Court vide order dated 24.03.2025 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 HARJEET KAUR 2025.05.29 09:20 I attest to the accuracy and integrity of this document

CRM-M-16046-2025 -2learned Judicial Magistrate 1st Class, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.04.2025 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.66 dated 08.11.2024 registered under Sections 118(1), 115(2), 303(2), 3(5) of BNS (Section 118(2) of BNS has been added subsequently), at Police Station Kahnuwan, District Gurdaspur and all subsequent proceedings arising therefrom on the basis of compromise dated 17.02.2025 (Annexure P-4) are quashed qua the petitioners.

(MANISHA BATRA) 27.05.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HARJEET KAUR 2025.05.29 09:20 I attest to the accuracy and integrity of this document