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2023 DAILYLAW 5461 (PNJ)

DAYA SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/26397/2026 · 2026-05-27

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-26397 IN THE HIGH COURT OF PUNJAB & HARYANA 320 DAYA SINGH STATE OF PUNJAB AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Anmol Jeevan S. Gill, Mr. Rahul Jindal, AAG, Punjab. Ms. Shruti, Advocate for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) 1. During the course of petitioner orally prayed for alteration/substitution of the offence from Section 337 of the Bharatiya Nyaya Sanhita, 2023 to Section 33 Nyaya Sanhita, 2023 2. This is a petiti Suraksha Sanhita (BNSS), 2023 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 25/54/59 of Arms Act added later on) Patiala (Annexure P basis of compromise dated 13.08.2025 (Annexure P 3. This to appear before the Illaqa/Duty Magistrate to get their statements recorded 26397-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DAYA SINGH Versus STATE OF PUNJAB AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Anmol Jeevan S. Gill, Advocate Mr. Rahul Jindal, AAG, Punjab. Ms. Shruti, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) During the course of arguments, learned counsel for the petitioner orally prayed for alteration/substitution of the offence from Section of the Bharatiya Nyaya Sanhita, 2023 to Section 33 Nyaya Sanhita, 2023 and the same is allowed. This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 25/54/59 of Arms Act added later on), registered Patiala (Annexure P-1) and subsequent proceedings arising therefrom on the compromise dated 13.08.2025 (Annexure P This Court vide order dated 11.05.2026 to appear before the Illaqa/Duty Magistrate to get their statements recorded IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-26397-2026 Date of decision: 27.05.2026 ….Petitioner ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate for the petitioner. Ms. Shruti, Advocate for respondent No.2. arguments, learned counsel for the petitioner orally prayed for alteration/substitution of the offence from Section of the Bharatiya Nyaya Sanhita, 2023 to Section 333 of the Bharatiya . on filed under Section 528 Bharatiya Nagarik for quashing of FIR No.174, dated 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 and (Sections registered at PS City Rajpura, District subsequent proceedings arising therefrom on the compromise dated 13.08.2025 (Annexure P-2). 11.05.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded ….Petitioner ....Respondents arguments, learned counsel for the petitioner orally prayed for alteration/substitution of the offence from Section of the Bharatiya Bharatiya Nagarik FIR No.174, dated and (Sections at PS City Rajpura, District subsequent proceedings arising therefrom on the had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document. CRM-M-26397 and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 4. Pursuant to the aforesaid order, parties have appea Sub Divisional On the basis of the statements so recorded, Magistrate, Rajpura, the compromise h any coercion or undue influence. 5. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 6. In view of the above, no usef continue with the proceedings before the trial Court in the instant FIR. 7. Following the principles laid down by the Full Bench judgment of this Court in another 2007 (3) in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 petition is allowed and 309(4), 333 BNS, 2023 and (Sections 25/54/59 of Arms Act registered at PS City Rajpura, District Patiala (Annexure P proceedings arising therefrom on the basis of (Annexure P-2) 8. Pending miscellaneous application(s), if any, stand(s) of, accordingly. 27.05.2026 Gurpreet 26397-2026 2 and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appea Sub Divisional Judicial Magistrate, Rajpura and got their statements recorded. On the basis of the statements so recorded, , Rajpura, has submitted report dated 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 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 by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 petition is allowed and FIR No.174, dated 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 and (Sections 25/54/59 of Arms Act registered at PS City Rajpura, District Patiala (Annexure P proceedings arising therefrom on the basis of 2) are quashed. Pending miscellaneous application(s), if any, stand(s) of, accordingly. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No and the learned Magistrate was directed to send its report qua the genuineness Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On the basis of the statements so recorded, Sub Divisional Judicial has submitted report dated 19.05.2026 to the effect that as 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. ul 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 RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this FIR No.174, dated 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 and (Sections 25/54/59 of Arms Act added later on), registered at PS City Rajpura, District Patiala (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 13.08.2025 Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No and the learned Magistrate was directed to send its report qua the genuineness red before the and got their statements recorded. Judicial to the effect that as been effected between the parties voluntarily and without Learned State counsel as well as counsel for respondent No.2 ul purpose would be served to Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and RCR (Criminal) 1052 and by the Hon’ble Supreme Court , this FIR No.174, dated 23.07.2025, under Sections 308, added later on), subsequent compromise dated 13.08.2025 disposed (RUPINDERJIT CHAHAL) GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document.