CRM-M-6753 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (137) Harbans Kaur and State of Punjab and another CORAM: HON'BLE Present: Mr. for the petitioners Mr. Sushil Bhardwaj, Addl. A.G, Haryana. NEERJA K. KALSON 1. Prayer in the present petition is for quashing of 15.02.2015 registered registered at Police Station Sohana, District SAS Nagar (Annexure P 2. Learned State counsel has filed a reply, stating therein that the parties have already entered into a compromise and the co made a statement to that effect before the learned JMIC, SAS Nagar. However, the cancellation report was returned on the ground that the offence under Section 148 IPC is non was not a party to the compromise. It is further stated that despite sincere efforts made by the Investigating Officer, the whereabouts of injured Baljit Singh could not be ascertained. As per the statement of Maan Singh, who had been serving at the same Gurudwara si illness and his last rites were performed by the villagers. It is further stated that 6753-2026 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M Date of Decision: Harbans Kaur and others Versus Punjab and another CORAM: HON'BLE MS. JUSTICE NEERJA K. KALSON Mr. Harish Goyal, Advocate for the petitioners. Mr. Sushil Bhardwaj, Addl. A.G, Haryana. **** NEERJA K. KALSON, J. (ORAL) Prayer in the present petition is for quashing of 15.02.2015 registered under Sections 447, 448, 323, 511, 148, 149, 325 of IPC, registered at Police Station Sohana, District SAS Nagar (Annexure P Learned State counsel has filed a reply, stating therein that the parties have already entered into a compromise and the co made a statement to that effect before the learned JMIC, SAS Nagar. However, the cancellation report was returned on the ground that the offence under Section 148 IPC is non-compoundable in nature and the injured Baljit Singh arty to the compromise. It is further stated that despite sincere efforts made by the Investigating Officer, the whereabouts of injured Baljit Singh could not be ascertained. As per the statement of Maan Singh, who had been serving at the same Gurudwara since 2004, Baljit Singh had died due to illness and his last rites were performed by the villagers. It is further stated that -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH M-6753-2026 (O&M) Date of Decision: 02.09.2026 ......PETITIONERS .....RESPONDENTS NEERJA K. KALSON Mr. Sushil Bhardwaj, Addl. A.G, Haryana. Prayer in the present petition is for quashing of FIR No. 38 dated under Sections 447, 448, 323, 511, 148, 149, 325 of IPC, registered at Police Station Sohana, District SAS Nagar (Annexure P-1). Learned State counsel has filed a reply, stating therein that the parties have already entered into a compromise and the complainant has also made a statement to that effect before the learned JMIC, SAS Nagar. However, the cancellation report was returned on the ground that the offence under compoundable in nature and the injured Baljit Singh arty to the compromise. It is further stated that despite sincere efforts made by the Investigating Officer, the whereabouts of injured Baljit Singh could not be ascertained. As per the statement of Maan Singh, who had nce 2004, Baljit Singh had died due to illness and his last rites were performed by the villagers. It is further stated that IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FIR No. 38 dated under Sections 447, 448, 323, 511, 148, 149, 325 of IPC, Learned State counsel has filed a reply, stating therein that the mplainant has also made a statement to that effect before the learned JMIC, SAS Nagar. However, the cancellation report was returned on the ground that the offence under compoundable in nature and the injured Baljit Singh arty to the compromise. It is further stated that despite sincere efforts made by the Investigating Officer, the whereabouts of injured Baljit Singh could not be ascertained. As per the statement of Maan Singh, who had nce 2004, Baljit Singh had died due to illness and his last rites were performed by the villagers. It is further stated that ATUL KUMAR TRIPATHI 2026.09.03 19:10 I attest to the accuracy and integrity of this document CRM-M-6753-2026 (O&M) -2- Baljit Singh had not been heard of for about 10 years and, therefore, he is presumed to be dead in terms of Section 108 of the Indian Evidence Act/Section 111 of the BSA. 3. Having regard to the aforesaid factual position, particularly the fact now brought to the notice of this Court that injured Baljit Singh is stated to be no longer surviving, the ground on which the cancellation report was returned by the learned Trial Court no longer survives in the same form. The matter, therefore, warrants reconsideration by the learned Trial Court on this limited aspect. 4. Accordingly, without expressing any opinion on the merits of the case, the matter is remitted to the learned Trial Court to reconsider the cancellation report in the light of the aforesaid factual position concerning injured Baljit Singh and to pass a fresh order, in accordance with law, after affording due opportunity of hearing to all concerned. 5. The present petition is disposed of in the aforesaid terms. 6. Pending application(s), if any, shall also stand disposed of. (NEERJA K. KALSON) JUDGE 02.09.2026 Atul 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No ATUL KUMAR TRIPATHI 2026.09.03 19:10 I attest to the accuracy and integrity of this document