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High Court of Punjab and Haryana · body

2018 DAILYLAW 5369 (PNJ)

SAMANDEEP ALIAS SAMANDEEP BRAR AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/23222/2026 · 2026-07-02

Manisha Batra

Transfer Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-23222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (302 ) SAMANDEEP ALIAS SAMANDEEP STATE OF HARYANA AND OTHERS CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sukhveer S. Killianwali, Advocate for the petitioners Ms. Himani Arora, DAG, Haryana Mr. Satpal MANISHA BATRA, J. (ORAL) 1. The of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.326 dated 04.08.2018 registered un 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedings emanating therefrom on the basis of compromise dated 21.03.2026 (Annexure P 2. This Court vide order dated parties to appear before the trial Court to get their statements recorded and 23222-2026 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 02.07.2026 SAMANDEEP ALIAS SAMANDEEP BRAR AND OTHERS Versus HARYANA AND OTHERS HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Sukhveer S. Killianwali, Advocate for the petitioners Ms. Himani Arora, DAG, Haryana Mr. Satpal Sachdeva, Advocate for respondent **** MANISHA BATRA, J. (ORAL) The instant one is the second petition of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.326 dated 04.08.2018 registered under Sections 148, 149, 323, 341, 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedings emanating therefrom on the basis of compromise dated 21.03.2026 (Annexure P This Court vide order dated 29.04.2026 parties to appear before the trial Court to get their statements recorded and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM-M-23222-2026 (O&M) Date of decision : 02.07.2026 BRAR AND OTHERS ... Petitioners ...Respondents HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Sukhveer S. Killianwali, Advocate for the petitioners Ms. Himani Arora, DAG, Haryana Sachdeva, Advocate for respondents No.2-4 instant one is the second petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of der Sections 148, 149, 323, 341, 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedings emanating therefrom on the basis of compromise dated 21.03.2026 (Annexure P-2). 29.04.2026 had directed the parties to appear before the trial Court to get their statements recorded and AMIT SHARMA 2026.07.03 14:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-23222 the learned Magistrate was directed to send his report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional statements recorded. On Magistrate has submitted report dated compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel to 4 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. Fo judgment of this Court in Punjab and another 2007 (3) RCR (Criminal) 1052 Hon’ble Supreme Court in (2012) 10 SCC 303 04.08.2018 registered under Sections 148, 149, 323, 341, 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedi 23222-2026 (O&M) (2) the learned Magistrate was directed to send his report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before Sub Divisional Judicial Magistrate statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 22.05.2026 compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 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 Hon’ble Supreme Court in Gian Singh Versus State of Punjab and other (2012) 10 SCC 303, this petition is allowed and 04.08.2018 registered under Sections 148, 149, 323, 341, 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedi the learned Magistrate was directed to send his report qua the genuineness Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Dabwali and got their the basis of the statements so recorded, learned 22.05.2026 to the effect that the compromise has been effected between the parties voluntarily and without as well as counsel for respondents No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. llowing the principles laid down by the Full Bench Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Gian Singh Versus State of Punjab and others , this petition is allowed and FIR No.326 dated 04.08.2018 registered under Sections 148, 149, 323, 341, 365, 506, 511 of IPC and Sections 25 and 27 of Arms Act at Police Station City Mandi Dabwali, District Sirsa and subsequent proceedings emanating therefrom AMIT SHARMA 2026.07.03 14:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-23222 on the basis of compromise dated 21.03.2026 (Annexure P qua the petitioners. 02.07.2026 Amit Sharma 23222-2026 (O&M) (3) on the basis of compromise dated 21.03.2026 (Annexure P qua the petitioners. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No on the basis of compromise dated 21.03.2026 (Annexure P-2) are quashed (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.07.03 14:14 I attest to the accuracy and integrity of this order/judgment.