Avtar Singh Alias Tari And Others v. State Of Punjab And Others

CRM-M-41046-2025(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41046-2025 (O&M) Date of Decision: 03.09.2025 AVTAR SINGH ALIAS TARI AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Kanwaljeet Singh, Advocate for the petitioners. Mr. Satvir Singh Mander, AAG, Punjab.

Mr. Kulwinder Singh Lakhanpal, Advocate for respondent Nos.2 and 3.

***** RUPINDERJIT CHAHAL, J (ORAL) 1.

The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No. 79 dated 23.04.2020 registered under Sections 323, 341, 506, 188, 34 IPC at Police Station Dirba, District Sangrur (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise/affidavit dated 05.07.2025 (Annexure P-2). 2.

This Court vide order dated 31.07.2025 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.

3.

Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate Ist Class, Sunam and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.08.2025 to the effect that the compromise has been effected MOHIT 2025.09.05 13:02 I attest to the accuracy and integrity of this document

CRM-M-41046-2025(O&M) -2between the parties voluntarily and without any coercion or undue influence. 4.

Learned State counsel as well as counsel for respondent Nos.2 and 3 have 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. 79 dated 23.04.2020 registered under Sections 323, 341, 506, 188, 34 IPC at Police Station Dirba, District Sangrur (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 05.07.2025 (Annexure P-2) are quashed qua the petitioner.

7.

Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly.

(RUPINDERJIT CHAHAL) 03.09.2025 JUDGE Mohit Bishnoi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2025.09.05 13:02 I attest to the accuracy and integrity of this document