Kamaljit Kaur And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20377-2025 (O&M) Date of decision: 20.05.2025 Kamaljit Kaur and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Charti Kadyn, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Rahul Garg, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.0044 dated 13.03.2025 under Sections 333, 115(2) and 3(5) of BNS, 2023 (Section 238 of BNS, 2023 added later on) registered at Police Station Mukerian, District Hoshiarpur, and all other subsequent proceedings arising therefrom in view of the compromise dated 28.03.2025.

2.

The following order was passed on 21.04.2025:- "XX XX XX XX Notice of motion.

At this stage, on the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of

respondent No.1-State and Mr. Rahul Garg, Advocate accepts notice for respondent No.2 and files his power of attorney, which is taken on record. He admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.

Service is complete.

Adjourned to 20.05.2025.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3)

RCR (Crl.) 1052, this petition is allowed and FIR No.0044 dated 13.03.2025 under Sections 333, 115(2) and 3(5) of BNS, 2023 (Section 238 of BNS, 2023 added later on) registered at Police Station Mukerian, District Hoshiarpur and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 20.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No