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2023 DAILYLAW 4359 (PNJ)

ROHIT KUMAR AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/10299/2025 · 2026-02-23

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-10299 IN THE HIGH COURT OF PUNJAB & HARYANA 322 ROHIT KUMAR AND STATE OF PUNJAB AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Anish Verma, 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 115(2), 140(3), 307 of Station City Khanna, District Ludhiana ( proceedings arising therefrom on the basis of (Annexure P-2 2. Th had directed the parties to appear before the Illaqa/Duty Magistrate their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 10299-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: ROHIT KUMAR AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Anish Verma, Advocate for the petitioners. Ms. Aiman J. Chishti, AAG, Punjab. Mr. Mukesh Kumar Sharma, 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.112, dated 21.07.2024, under Sections 115(2), 140(3), 307 of Bharatiya Nyaya Sanhita, 2023 Station City Khanna, District Ludhiana (Annexure P proceedings arising therefrom on the basis of 2). The co-ordinate bench of this Court vide order dated had directed the parties to appear before the Illaqa/Duty Magistrate 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-10299-2025 Date of decision: 23.02.2026 ….Petitioners ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Aiman J. Chishti, AAG, Punjab. Mukesh Kumar Sharma, Advocate This is a petition filed under Section 528 of the Bhartiya Nagrik FIR No.112, dated 21.07.2024, under Bharatiya Nyaya Sanhita, 2023, at Police Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 18.02.2025 Court vide order dated 24.02.2025 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 of the compromise. ….Petitioners ....Respondents This is a petition filed under Section 528 of the Bhartiya Nagrik FIR No.112, dated 21.07.2024, under at Police subsequent 18.02.2025 24.02.2025 to get their statements recorded and the learned Magistrate was directed to send its GURPREET 2026.02.27 20:19 I attest to the accuracy and authenticity of this document. CRM-M-10299 3. Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate the basis of the statements so recorded, Judicial Magistrate Khanna has submitted report dated compromise has been effected between the parties voluntarily and without any coercion or 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 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 Singh SCC 303, this petition is allowed and Sections 115(2), 140(3), 307 of Station City Khanna, District Ludhiana (Annexure P proceedings arising therefrom on the basis of (Annexure P-2 7. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 23.02.2026 Gurpreet 10299-2025 2 Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate First Class, Khanna and got their the basis of the statements so recorded, Judicial Magistrate has submitted report dated 09.02.2026 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.112, dated 21.07.2024, under Sections 115(2), 140(3), 307 of Bharatiya Nyaya Sanhita, 2023 Station City Khanna, District Ludhiana (Annexure P proceedings arising therefrom on the basis of 2) are quashed. 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, 09.02.2026 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 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 Versus State of Punjab and others (2012) 10 FIR No.112, dated 21.07.2024, under Bharatiya Nyaya Sanhita, 2023 at Police Station City Khanna, District Ludhiana (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 18.02.2025 Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE Whether speaking/reasoned? Yes/No Pursuant to the aforesaid order, parties have appeared before the statements recorded. On 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 Versus State of Punjab and others (2012) 10 FIR No.112, dated 21.07.2024, under at Police nt 18.02.2025 Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.02.27 20:19 I attest to the accuracy and authenticity of this document.