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High Court of Punjab and HaryanaCRM-M/18634/2025disposed of

Rajwinder Singh @ Raju v. State Of Punjab And Another

2025-09-03Ms. Justice Rupinderjit Chahal2 pages

CRM-M-18634-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18634-2025(O&M) Date of Decision: 03.09.2025 RAJWINDER SINGH @ RAJU ....Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ....Respondents CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Vipin Mahajan, Advocate for the petitioners Mr. Satvir Singh Mander, AAG, Punjab.

Mr. Vishal Munjal, 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. 15 dated 10.02.2025 registered under Sections 125, 351(2) BNS and Section 27, 30 of Arms Act, 1959 at Police Station Ghuman, Police District Batala, District Gurdaspur (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise/affidavit dated 24.02.2025 (Annexure P-2). 2.

This Court vide order dated 04.04.2025 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 Judicial Magistrate Ist Class-cum-Civil Judge (Junior Division), Batala and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 04.08.2025 to the effect that MOHIT 2025.09.05 13:02 I attest to the accuracy and integrity of this document

CRM-M-18634-2025 (O&M) -2the 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. 15 dated 10.02.2025 registered under Sections 125, 351(2) BNSS and Section 27, 30 of Arms Act, 1959 at Police Station Ghuman, Police District Batala, District Gurdaspur (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 24.02.2025 (Annexure P-2) are quashed qua the petitioner.

7.

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

(RUPINDERJIT CHAHAL) 03.09.2025 JUDGE Mohit Bishnoi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2025.09.05 13:02 I attest to the accuracy and integrity of this document