Gurjit Paul Walia And Another v. State Of Punjab And Another

CRM-M-28851-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28851-2025 Date of decision: 21.08.2025 GURJIT PAUL WALIA AND ANOTHER ....APPLICANTS V/s STATE OF PUNJAB AND ANOTHER ...RESPONDENTS Coram :

Hon'ble Mr. Justice N.S.Shekhawat

Present:

Mr. Meher Nagpal, Advocate for the petitioners (through VC).

Mr. R.S. Joshi, DAG, Punjab.

Mr. Parteek Sharma, Advocate for the respondent No. 2 (through VC).

***** N.S.Shekhawat J. (Oral) 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 0017 dated 23.01.2025 registered under Sections 318(4) of BNS and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 of IPC, at Police Station City Phagwara, Kapurthala (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 05.05.2025 (Annexure P-2).

2.

Vide order dated 23.05.2025, while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded with respect to the compromise dated 05.05.2025 (Annexure P-2).

ANKIT 2025.08.21 17:15 I attest to the accuracy and integrity of this document

CRM-M-28851-2025 3.

Pursuant to aforesaid order, the parties have appeared before the Sub Divisonal Judicial Magistrate,, Phagwara and got their statements recorded. Report dated 14.08.2025 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

4.

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

5.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners. 6.

Resultantly, FIR No. 0017 dated 23.01.2025 registered under Sections 318(4) of BNS and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 of IPC, at Police Station City Phagwara, Kapurthala (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

(N.S.SHEKHAWAT) 21.08.2025 JUDGE ankit Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ANKIT 2025.08.21 17:15 I attest to the accuracy and integrity of this document