Kulwinder Singh@Kala And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22425-2025 (O&M) Date of decision: 18.07.2025 Kulwinder Singh @ Kala and others ....Petitioners

Versus

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

Present:

Mr. Sukhbir Maandi, Advocate for the petitioners.

Mr. Nitesh Sharma, DAG, Punjab.

Ms. Amarjeet Kaur, Advocate for respondents No.2 and 3.

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.23 dated 19.03.2025 under Sections 125, 115(2), 118(1), 3(5) of BNS and 25/27 of Arms Act, 1959 registered at Police Station Chohla Sahib, District Tarn Taran, and all other subsequent proceedings arising therefrom in view of the compromise dated 24.03.2025. 2.

The following order was passed on 29.04.2025:- "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 Ms. Amarjeet Kaur, Advocate

accepts notice for respondent Nos.2 and 3 and files her power of attorney, which is taken on record. She 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 26.05.2025.

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.

Thereafter, vide order dated 26.05.2025, the parties were again directed to appear before learned trial Court/Illaqa Magistrate for recording their statements in terms of the aforesaid compromise. 4.

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.

5.

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.23 dated 19.03.2025 under Sections 125, 115(2), 118(1), 3(5) of BNS and 25/27 of Arms Act, 1959 registered at Police Station Chohla Sahib, District Tarn Taran and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 18.07.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No