Gobind Pal Alias Gobind Sharma And Another v. State Of Punjab And Others

CRM-M-18853-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18853-2025 Date of decision:20.05.2025 Gobind Pal @ Gobind Sharma & another ... Petitioners Vs.

State of Punjab & others ... Respondents

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA.

Present:

Mr. Dheeraj Kumar, Advocate for the petitioners. Mr. Malkit Sindh Dhillon, DAG, Punjab.

Mr. Chinku Bawa, Advocate for respondents No.2 and 3. ...

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 DDR No.40 dated 05.05.2020 under Sections 324, 341, 506 of IPC in FIR No.45 dated 05.05.2020 registered under Sections 323, 325, 341, 506, 148 and 149 of IPC at Police Station Mullanpur, District SAS Nagar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 28.02.2025 (Annexure P-3).

2 .

This Court vide order dated 07.04.2025 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.

HARJEET KAUR 2025.05.23 15:43 I attest to the accuracy and integrity of this document

CRM-M-18853-2025 -23.

Pursuant to the aforesaid order, parties have appeared before the learned Civil Judge (Jr. Division)-cum-JMIC, Kharar, SAS Nagar and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report dated 09.05.2025 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 respondents No.2 and 3 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 DDR No.40 dated 05.05.2020 under Sections 324, 341, 506 of IPC in FIR No.45 dated 05.05.2020 registered under Sections 323, 325, 341, 506, 148 and 149 of IPC at Police Station Mullanpur, District SAS Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 28.02.2025 (Annexure P-3) are quashed qua the petitioners.

(MANISHA BATRA) 20.05.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HARJEET KAUR 2025.05.23 15:43 I attest to the accuracy and integrity of this document