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High Court of Punjab and Haryana · body

2023 DAILYLAW 4588 (PNJ)

MALKEET SINGH v. STATE OF PUNJAB AND OTHERS

CRM-M/65306/2025 · 2026-02-19

Rupinderjit Chahal

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-65306 IN THE HIGH COURT OF PUNJAB & HARYANA 332 MALKEET SINGH STATE OF PUNJAB AND CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Ms. Deepa Negi, Advocate for Mr. S.S. Swaich, for the petitioner. Ms. Aiman J. Chishti, AAG, Punjab. Mr. Ms. Navjot Kaur, Mr. Jabanpreet Singh, Ms. Jasmine, for respondent Nos.2 and 3. RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of registered under Sec Fatehgarh Sahib, District Fatehgarh Sahib (Annexure P proceedings arising therefrom on the basis of (Annexure P-2 2. Th had directed the parties to appear before the Illaqa/Duty Magistrate to get 65306-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: MALKEET SINGH Versus STATE OF PUNJAB AND OTHERS HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Deepa Negi, Advocate for Mr. S.S. Swaich, Advocate for the petitioner. Ms. Aiman J. Chishti, AAG, Punjab. Mr. Pritpal Singh, Advocate Ms. Navjot Kaur, Advocate Mr. Jabanpreet Singh, Advocate Ms. Jasmine, Advocate for respondent Nos.2 and 3. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No.171, dated 25.09.2025, registered under Sections 281, 125(B) BNS, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib (Annexure P proceedings arising therefrom on the basis of 2). The co-ordinate bench of this Court v had directed the parties to appear before the Illaqa/Duty Magistrate to get IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-65306-2025 Date of decision: 19.02.2026 ….Petitioner ....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.171, dated 25.09.2025, tions 281, 125(B) BNS, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 27.10.2025 Court vide order dated 20.11.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get ….Petitioner ....Respondents This is a petition filed under Section 528 of the Bhartiya Nagrik FIR No.171, dated 25.09.2025, tions 281, 125(B) BNS, registered at Police Station and subsequent 27.10.2025 20.11.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get GURPREET 2026.02.20 17:55 I attest to the accuracy and authenticity of this document. CRM-M-65306 their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesai Judicial Magistrate recorded. On the basis of the statements so recorded, Judicial Magistrate Class, Fatehgarh Sahib that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 and 3 have not disputed the factum of compromise between the 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 approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and registered under Section Fatehgarh Sahib, District Fatehgarh Sahib (Annexure P proceedings arising therefrom on the basis of (Annexure P-2 7. Pending miscellaneous applicat of, accordingly. 19.02.2026 Gurpreet 65306-2025 2 their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate First Class, Fatehgarh Sahib recorded. On the basis of the statements so recorded, Judicial Magistrate Class, Fatehgarh Sahib has submitted report dated that the 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 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 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.171, dated 25.09.2025, registered under Sections 281, 125(B) BNS, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib (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 their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. d order, parties have appeared before the Fatehgarh Sahib and got their statements recorded. On the basis of the statements so recorded, Judicial Magistrate First has submitted report dated 15.12.2025 to the effect that the compromise has been effected between the parties voluntarily and 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.171, dated 25.09.2025, s 281, 125(B) BNS, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 27.10.2025 ion(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No their statements recorded and the learned Magistrate was directed to send its d order, parties have appeared before the and got their statements First to the effect that the compromise has been effected between the parties voluntarily and 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 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.171, dated 25.09.2025, s 281, 125(B) BNS, registered at Police Station and subsequent 27.10.2025 ion(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.02.20 17:55 I attest to the accuracy and authenticity of this document.