Jaswinder Singh & Others v. State Of Punjab And Another

CRM-M-37955-2025(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37955-2025 (O&M) Date of Decision: 18.07.2025 JASWINDER SINGH AND OTHERS .....PETITIONERS

VERSUS

STATE OF PUNJAB AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. A.S. Sekhon, Advocate for the petitioners.

**** H.S. GREWAL, J. (ORAL) 1.

By way of this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioners seek quashing of criminal complaint case no.COMI-58-2016 dated 05.05.2016 titled as Darshan Singh Vs. State of Punjab & Others" (Annexure P-1) vide which trial Court of learned Chief Judicial Magistrate, Faridkot has summoned the petitioners for commission of offence under Section 120-B, 409, 467, 468, 471 IPC, 1860 read with Section 34 IPC, 1860 vide order dated 24.07.2018 (Annexure P-2) and convicted the petitioner Nos.2 to 6 vide judgment/order dated 26.04.2024 (Annexure P-3) and now after surrendering the petitioner No.1 is facing the trial before the learned Chief Judicial Magistrate, Faridkot and subsequent proceedings arising therefrom on the basis of compromise dated 07.05.2025 (Annexures P-4 & P-5). Further, quashing of the trial of petitioner No.1 - Jaswinder Singh in the criminal complaint having CIS NO. COMI-58-2016

CRM-M-37955-2025(O&M) -2titled as Darshan Singh Vs. State of Punjab and Others (Annexure P-1 & Annexure P-5, respectively) and subsequent proceedings pending before the court of Chief Judicial Magistrate, Faridkot, has also been prayed for on the basis of said compromise. By way of present petition, the petitioner also seeks stay of further proceedings in appeals having no. CRM/503/2024 titled as Baljinder Singh Sandhu Vs. State of Punjab etc; CRM No.504/2024 titled as Baljinder Singh Sandhu Vs. State of Punjab etc. and CRM No.505/2024 titled as Baljinder Singh Sandhu Vs. State of Punjab etc., for enhancement of sentence which is pending before the Court of Addl. Sessions Judge, Faridkot. 2.

Notice of motion.

3.

Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of the respondent-State whereas Mr. Kanwaljeet Singh Brar, Advocate has put in appearance on behalf of respondent No.2 and has filed Memorandum of Appearance which is taken on record.

4.

Learned counsel for respondent No.2 confirms the factum of the compromise having been effected between the parties and states that respondents have no objection to the quashing of complaint case in question. 5.

Learned State counsel has stated no objection in case the complaint case is quashed based upon the compromise.

6.

I have heard learned counsel for the parties and perused the material placed on record.

8.

In view of the above, even if this case is taken to its logical conclusion, it would only be an exercise in futility as the parties have already settled their differences, therefore, no purpose would be served in wasting the time and resources of the State in pursuing this case to its pre-ordained end. It would, therefore, be better to give a quietus to the issue at this stage.

CRM-M-37955-2025(O&M) -39.

Accordingly, the petition is allowed and criminal complaint case no.COMI-58-2016 dated 05.05.2016 titled as Darshan Singh Vs. State of Punjab & Others" alongwith all consequential proceedings arising therefrom are quashed qua the petitioners subject to payment of costs of Rs.5,000/- each, to be paid to the High Court Legal Services Committee. 10.

Needless to say that the parties shall remain bound by the terms of compromise.

(H.S. GREWAL) 18.07.2025 JUDGE Whether speaking/ reasoned :

Yes/No Whether Reportable :

Yes/No