Inderjeet Kaur And Others v. State Of Punjab

CRM-M-19875-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-19875-2025 Date of decision : 09.04.2025 Inderjeet Kaur and others ... Petitioners

Versus

State of Punjab .. Respondent

CORAM:

HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Mr. Pardeep Kumar Kapila, Advocate for the petitioners.

Mr. Amandeep Singh Samra, AAG, Punjab.

*** 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 impugned order dated 27.02.2025 (Annexure P-11) in case FIR No.220 dated 30.11.2019 registered under Sections 420/120-B IPC and Section 13 of Punjab Prevention of Human Smuggling Act, 2012 at Police Station Dakha Ludhiana Rural, Punjab.

2.

Learned counsel for the petitioners submits that initially, the matter was compromised between the parties before the Mediation Centre of this Court vide settlement dated 23.08.2023 (Annexure P-3) and the petitioners were granted anticipatory bail by this Court vide order dated 24.08.2023 (Annexure P-2). He further submits that the petitioners tried to compromise the matter twice, however, there being three complainants the compromise could not be effected. The petitioners were under the impression that FIR has been cancelled, however, the complainant has filed a petition for cancellation of bail before this Court on 12.02.2024 (Annexure P-6), which is pending consideration before this Court. He further contends SONIA BURA 2025.04.10 12:55 I attest to the accuracy and integrity of this document

CRM-M-19875-2025 that the petitioners may be permitted to surrender before the learned trial Court to attend the trial proceedings regularly and, therefore, requests that the impugned order may be set aside. He further submits that the petitioners will not delay the proceedings and ask for exemption from personal appearance.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Amandeep Singh Samra, AAG, Punjab accepts notice on behalf of the respondent-State. 5.

I have heard learned counsel for the parties and gone through the case file.

6.

In view of the limited prayer made by the learned counsel for the petitioners, this Court deems it appropriate to decide the case. Keeping in view the facts and circumstances of the case and limited prayer made by the counsel for the petitioners, the order dated 27.02.2025 (Annexure P-11) passed by the learned Judicial Magistrate Ist Class, Ludhiana is ordered to be set aside. The petitioners are directed to surrender before the Court below on 16.04.2025 the date already fixed and move an application for grant of regular bail, which shall be considered and decided by the Court below on the same very day on its merit.

7.

The petition stands disposed of.

(H.S.GREWAL) JUDGE 09.04.2025 sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA BURA 2025.04.10 12:55 I attest to the accuracy and integrity of this document