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2023 DAILYLAW 5530 (PNJ)

HARISH CHANDER v. STATE OF PUNJAB AND ANR

CRM-M/6732/2026 · 2026-05-27

Rupinderjit Chahal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-6732 IN THE HIGH COURT OF PUNJAB & HARYANA 315 HARISH CHANDER STATE OF PUNJAB AND ANR CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Rajesh Batheja, Mr. Rahul Jindal, AAG, Punjab. Mr. Sandeep Sharma, RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section Suraksha Sanhita (BNSS), 2023 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), Station Kotbhai, District Shri Muktsar Sahib (Annexure P consequential dated 21.01.2026 2. The Co 05.02.2026 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. 3. Pursuant to the aforesaid order, parties before the learned trial Court and vide order dated 11.05.2026 one another 6732-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: HARISH CHANDER Versus STATE OF PUNJAB AND ANR HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Rajesh Batheja, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Sandeep Sharma, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), Station Kotbhai, District Shri Muktsar Sahib (Annexure P proceedings arising therefrom on the basis of compromise 21.01.2026 (Annexure P-2). The Co-Ordinate Bench of this 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. Pursuant to the aforesaid order, parties before the learned trial Court and vide order dated 11.05.2026 one another IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-6732-2026 Date of decision: 27.05.2026 ….Petitioner ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL for the petitioner. for respondent No.2. This is a petition filed under Section 528 Bharatiya Nagarik for quashing of FIR No.102, dated 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shri Muktsar Sahib (Annexure P-1) and proceedings arising therefrom on the basis of compromise Ordinate Bench of this Court vide its order dated 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. Pursuant to the aforesaid order, parties were unable to appear before the learned trial Court and vide order dated 11.05.2026 one another ….Petitioner ....Respondents Bharatiya Nagarik FIR No.102, dated 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes registered at Police and proceedings arising therefrom on the basis of compromise order dated had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was were unable to appear before the learned trial Court and vide order dated 11.05.2026 one another GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document. CRM-M-6732 opportunity was granted to the parties. Thereafter, Judicial Magistrate First Class On the basis of the statements so recorded, Gidderbaha, has submitted report dated 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 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 ins 6. Following the principles laid down by the Full Bench judgment of this Court in another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab an petition is allowed and of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shr Muktsar Sahib (Annexure P therefrom on the basis of compromise dated quashed. 7. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 27.05.2026 Gurpreet 6732-2026 2 opportunity was granted to the parties. Thereafter, Judicial Magistrate First Class, Gidderbaha and got their statements recorded. On the basis of the statements so recorded, has submitted report dated 21.05.2026 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 ins 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.102, dated 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shr Muktsar Sahib (Annexure P-1) and consequential 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 opportunity was granted to the parties. Thereafter, parties appeared before the and got their statements recorded. On the basis of the statements so recorded, Judicial Magistrate First Class, .05.2026 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 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 by the Hon’ble Supreme Court d others (2012) 10 SCC 303, this FIR No.102, dated 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shri consequential proceedings arising therefrom on the basis of compromise dated 21.01.2026 (Annexure P-2) are Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No appeared before the and got their statements recorded. , 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 by the Hon’ble Supreme Court , this FIR No.102, dated 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, i proceedings arising are Pending miscellaneous application(s), if any, stand(s) disposed ) GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document.