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2023 DAILYLAW 5679 (PNJ)

JASWANT SINGH AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/23466/2026 · 2026-07-08

Manisha Batra

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M IN THE HIGH COURT OF PUNJAB AND HARYANA AT (302) JASWANT SINGH AND ORS STATE OF PUNJAB AND ORS CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Vikas Gupta, Advocate for the petitioners Ms. Mr. Vikasdeep Singh, **** MANISHA BATRA, J. (ORAL) 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.5 dated 16.01.2023 registered under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at Police Station Harike, District Tarn Taran emanating therefrom on the basis of compromise da (Annexure P-2). 2. This Court vide order dated parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send his report qua the genuineness of the compromise. M-23466-2026 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 08.07.2026 JASWANT SINGH AND ORS Versus STATE OF PUNJAB AND ORS HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Vikas Gupta, Advocate for the petitioners Ms. Sakshi Bakshi, AAG, Punjab Mr. Vikasdeep Singh, Advocate for **** MANISHA BATRA, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of 5 dated 16.01.2023 registered under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at Police Station Harike, District Tarn Taran and subsequent proceedings emanating therefrom on the basis of compromise da 2). This Court vide order dated 28.04.2026 parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send his report qua the genuineness promise. (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM-M-23466-2026 (O&M) Date of decision : 08.07.2026 ... Petitioners ...Respondents HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Vikas Gupta, Advocate for the petitioners Advocate for respondents No.2 to 4 The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of 5 dated 16.01.2023 registered under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at and subsequent proceedings emanating therefrom on the basis of compromise dated 21.02.2026 28.04.2026 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send his report qua the genuineness AMIT SHARMA 2026.07.08 18:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-23466 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate First Class, recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent to 4 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 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 Court in Gian Sin 303, this petition is allowed and FIR under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at Police Station Harike, Dist and subsequent proceedings emanating therefrom on the basis of compromise dated 21.02.2026 (Annexure P petitioners. 08.07.2026 Amit Sharma 23466-2026 (O&M) (2) Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate First Class, Patti recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.06.2026 to the effect that the compromise has been effected between the parties voluntarily and without any coercion nfluence. Learned State counsel as well as counsel for respondent 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 Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC , this petition is allowed and FIR No.5 dated 16.01.2023 registered under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at Police Station Harike, Dist and subsequent proceedings emanating therefrom on the basis of compromise dated 21.02.2026 (Annexure P (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Pursuant to the aforesaid order, parties have appeared before Patti and got their statements recorded. On the basis of the statements so recorded, learned Magistrate to the effect that the compromise has been effected between the parties voluntarily and without any coercion Learned State counsel as well as counsel for respondents No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of this Kulwinder Singh and others Versus State of Punjab and another and approved by the Hon’ble Supreme gh Versus State of Punjab and others (2012) 10 SCC No.5 dated 16.01.2023 registered under Sections 326, 324, 323, 506, 148, 149 and 307 of IPC (Sections 308, 326, 452, 325 added later on) at Police Station Harike, District Tarn Taran and subsequent proceedings emanating therefrom on the basis of compromise dated 21.02.2026 (Annexure P-2) are quashed qua the (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.07.08 18:31 I attest to the accuracy and integrity of this order/judgment.