Sumesh Kumar Alias Tanish v. State Of Punjab And Others

CRM-M-16586-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16586-2025 (O&M) Date of decision : 08.05.2025 Sumesh Kumar @ Tanish ... Petitioner

Versus

State of Punjab and others .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Mayur Kakra, Advocate for the petitioner. Mr. Mavpreet Singh, DAG, Punjab.

Mr. Manmeet Singh Bhindra, Advocate for respondent Nos. 2 and 3.

*** H.S. Grewal, J.(Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No.21 dated 27.02.2025 registered under Sections 303(2), 317(2), 324(4) of BNS at Police Station Division No. 4, Lahori Gate, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 06.03.2025 (Annexure P-3).

2.

This Court vide order dated 26.03.2025 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.

Renu Rawat 2025.05.09 14:00 I attest to the accuracy and integrity of this document

CRM-M-16586-2025 (O&M) -23.

Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class, Patiala and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 03.05.2025 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.21 dated 27.02.2025 registered under Sections 303(2), 317(2), 324(4) of BNS at Police Station Division No. 4, Lahori Gate, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 06.03.2025 (Annexure P-3) are quashed qua the petitioner.

(H.S.GREWAL) JUDGE 08.05.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.05.09 14:00 I attest to the accuracy and integrity of this document