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2023 DAILYLAW 3863 (PNJ)

RAJINDER SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/13477/2026 · 2026-04-01

Rupinderjit Chahal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-13477 IN THE HIGH COURT OF PUNJAB & HARYANA 349 RAJINDER SINGH AND OTHERS STATE OF PUNJAB AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Aarish Kamboj, Advocate for the petitioners. Mr. Rahul Jindal, AAG, Punjab. Mr. for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section Suraksha Sanhita (BNSS), 2023 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 3 Police Station Sadar Fazilka, District Fazilka (Annexure P proceedings arising therefrom on the basis of (Annexure P-2). 2. This 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. 13477-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: RAJINDER SINGH AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Aarish Kamboj, Advocate for the petitioners. Mr. Rahul Jindal, AAG, Punjab. Mr. Ravi Dangi, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 3 Police Station Sadar Fazilka, District Fazilka (Annexure P proceedings arising therefrom on the basis of 2). This Court vide order dated 12.03.2026 ar 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. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13477-2026 Date of decision: 01.04.2026 ….Petitioners ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL This is a petition filed under Section 528 Bharatiya Nagarik for quashing of FIR No.173, dated 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 30.09.2024, at Police Station Sadar Fazilka, District Fazilka (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 02.03.2026 12.03.2026 had directed the parties ar before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness s ....Respondents Bharatiya Nagarik FIR No.173, dated 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and 0.09.2024, at subsequent 02.03.2026 had directed the parties ar before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness GURPREET 2026.04.02 19:12 I attest to the accuracy and authenticity of this document. CRM-M-13477 3. Pursuant to the aforesaid order, parties have appeared before the Additional Chief recorded. On the basis of the statements so recorded, Judicial Magistrate, Fazilka effect that the compromise has been effected between the and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 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 another 2007 (3) RCR (Criminal) 1052 and appr Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 30.09.2024, at Police Station Sadar Fazilka, District Fazilka (Annexure P therefrom on the basis of quashed. 7. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 01.04.2026 Gurpreet 13477-2026 2 Pursuant to the aforesaid order, parties have appeared before the Additional Chief Judicial Magistrate, Fazilka recorded. On the basis of the statements so recorded, Judicial Magistrate, Fazilka has submitted report dated effect that the compromise has been effected between the and without any coercion or undue influence. Learned State counsel as well as counsel for respondent 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. 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 appr Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 , this petition is allowed and FIR No.173, dated 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 30.09.2024, at Police Station Sadar Fazilka, District Fazilka (Annexure P-1) and therefrom on the basis of compromise dated Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate, Fazilka and got their statements recorded. On the basis of the statements so recorded, Additional Chief has submitted report dated 25.03.2026 to the effect that the compromise has been effected between the parties voluntarily Learned State counsel as well as counsel for respondent 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. Following the principles laid down by the Full Bench judgment 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 FIR No.173, dated 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 30.09.2024, at Police Station Sadar 1) and subsequent proceedings arising dated 02.03.2026 (Annexure P-2) are Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE speaking/reasoned? Yes/No Pursuant to the aforesaid order, parties have appeared before the and got their statements Additional Chief to the parties voluntarily Learned State counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and oved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 FIR No.173, dated 27.09.2024, under Sections 118(1), 115(2), 351(3), 191(3), 190 BNS and Section 118(2) of BNS added later on vide GD No.22, dated 30.09.2024, at Police Station Sadar ng are Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.04.02 19:12 I attest to the accuracy and authenticity of this document.