Hari Om And Others v. State Of Punjab And Another
CRM-M-32767-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32767-2025 Date of Decision: 07.08.2025 HARI OM AND OTHERS ....Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ....Respondents CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Ashu Rana, Advocate and Mr. Karamjit Singh, Advocate for Mr. Mitul Singh Rana, Advocate for the petitioners. Mr. Nitesh Sharma, DAG, Punjab.
***** RUPINDERJIT CHAHAL, J (ORAL) 1.
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No. 17 dated 10.02.2024, registered under Sections 420, 467, 468, 471, 120-B at Police Station Division No.5, District Police Commissionerate, Ludhiana (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise dated 23.05.2025 (Annexure P-2).
2.
This Court vide order dated 01.07.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
MOHIT 2025.08.11 12:35 I attest to the accuracy and integrity of this document
CRM-M-32767-2025 -23.
Pursuant to the aforesaid order, parties have appeared before the learned Additional Chief Judicial Magistrate, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 29.07.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4.
Learned State counsel has 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 FIR No. 17 dated 10.02.2024, registered under Sections 420, 467, 468, 471, 120-B at Police Station Division No.5, District Police Commissionerate, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 23.05.2025 (Annexure P-2) are quashed qua the petitioners.
(RUPINDERJIT CHAHAL) 07.08.2025 JUDGE Mohit Bishnoi Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No MOHIT 2025.08.11 12:35 I attest to the accuracy and integrity of this document