Baldev Singh And Another v. State Of Punjab & Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.63667 of 2024 (O&M) Date of decision: 28.02.2025 Baldev Singh and another ....Petitioners

Versus

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

Present:

Mr. Jatinder Pal Singh, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Neeraj Kalair, Advocate for Mr. Tajveer Singh, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (in short 'BNSS, 2023') seeking quashing of FIR No.194 dated 06.11.2024 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS, 2023') at Police Station Nihal Singh Wala Khan, District Moga, and all other consequential proceedings arising therefrom in view of the compromise dated 07.12.2024. 2.

The following order was passed on 04.02.2025:- "Learned State counsel at the outset submits that facts of the case are apparent on record, as such there is

no requirement for filing any status report in the present case.

Service is already complete.

Adjourned to 28.02.2025.

In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of one week or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 28.02.2025.

A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

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.

4.

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.194 dated 06.11.2024 registered under Sections 115(2), 118(1) and 3(5) of BNS, 2023 at Police Station Nihal Singh Wala Khan, District Moga, and all

other consequential proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 28.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No