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2023 DAILYLAW 3887 (PNJ)

ARTH MAHENDRAKUMAR PATEL AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/46659/2025 · 2026-02-23

Rupinderjit Chahal

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Judgment text

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CRM-M-46659 IN THE HIGH COURT OF PUNJAB & HARYANA 340 ARTH MAHENDRAKUMAR PATEL AND OTHERS STATE OF PUNJAB AND CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Viren Sibal, for the petitioners. Ms. Aiman J. Chishti, AAG, Punjab. Mr. for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division No.6, District Police Commissionerat subsequent proceedings arising therefrom on the basis of compromise/settlement 2. This Court vide order dated to appear before the Illaqa/Duty Magistrate t and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 46659-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: ARTH MAHENDRAKUMAR PATEL AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Viren Sibal, Advocate for the petitioners. Ms. Aiman J. Chishti, AAG, Punjab. Mr. Aalok Jagga, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division No.6, District Police Commissionerate Ludhiana (Annexure P subsequent proceedings arising therefrom on the basis of compromise/settlement dated 22.07.2025 (Annexure P This Court vide order dated 17.11.2025 to appear before the Illaqa/Duty Magistrate t 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-46659-2025 Date of decision: 23.02.2026 ARTH MAHENDRAKUMAR PATEL AND OTHERS ….Petitioners ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Aiman J. Chishti, AAG, Punjab. This is a petition filed under Section 528 of the Bhartiya Nagrik FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division e Ludhiana (Annexure P-1) and subsequent proceedings arising therefrom on the basis of (Annexure P-2). 17.11.2025 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 ….Petitioners ....Respondents This is a petition filed under Section 528 of the Bhartiya Nagrik FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division 1) and subsequent proceedings arising therefrom on the basis of had directed the parties o get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness GURPREET 2026.02.25 10:38 I attest to the accuracy and authenticity of this document. CRM-M-46659 3. Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate On the basis of the statements so recorded, Judicial Magistrate Ludhiana has submitted report dated compromise has been effected between the parties voluntarily and without any coercion o 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 tria 6. Following the principles laid down by the Full Bench judgment of this Court in another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Sing SCC 303, this petition is allowed and Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division No.6, District Police Commissionerate Ludhiana (Annexure P subsequent proceedings arising therefrom on the basis of compromise/settlement 7. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 23.02.2026 Gurpreet 46659-2025 2 Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate First Class, Ludhiana and got their On the basis of the statements so recorded, Judicial Magistrate has submitted report dated 21.02.2026 compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent 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 approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 , this petition is allowed and FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division No.6, District Police Commissionerate Ludhiana (Annexure P subsequent proceedings arising therefrom on the basis of compromise/settlement dated 22.07.2025 (Annexure P 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 and got their statements recorded. On the basis of the statements so recorded, Judicial Magistrate First Class, 21.02.2026 to the effect that the compromise has been effected between the parties voluntarily and without 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 l 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 h Versus State of Punjab and others (2012) 10 FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division No.6, District Police Commissionerate Ludhiana (Annexure P-1) and subsequent proceedings arising therefrom on the basis of (Annexure P-2) are quashed. Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No Pursuant to the aforesaid order, parties have appeared before the statements recorded. First Class, to the effect that the compromise has been effected between the parties voluntarily and without 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 another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble h Versus State of Punjab and others (2012) 10 FIR No.164, dated 17.07.2025, under Sections 61(2), 316(2) and 318(4) BNS, registered at Police Station Division 1) and subsequent proceedings arising therefrom on the basis of Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.02.25 10:38 I attest to the accuracy and authenticity of this document.