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2023 DAILYLAW 6090 (PNJ)

RAJESH YADAV AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/38586/2025 · 2026-07-21

Alok Jain

body2023

Judgment text

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CRM-M-38586 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (300) Rajesh Yadav and Ors. State of Punjab and Ors. CORAM: Present: ALOK JAIN, J. (Oral) 1. seeking quashing of 2023, registered at Police Station proceeding arising therefrom on the basis of compromise dated (Annexure P 2. settlement, the Coordinate Bench of this directed the getting their statements recorded in that regard. Pursuant thereto, a report dated 05.12.2025 Ludhiana stating that the compromise arrived voluntary and the same is without any pressure, coercion or undue influence. -1- 38586-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rajesh Yadav and Ors. Versus State of Punjab and Ors. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. A.P. Kaushal, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. Ms. Pallavi Bahre, Advocate for respondents No.2 and 3. ***** ALOK JAIN, J. (Oral) The instant petition has been filed under Section seeking quashing of FIR No.70 dated 17.06.2025 registered at Police Station Daba, District Ludhiana proceeding arising therefrom on the basis of compromise dated (Annexure P-2). Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report 05.12.2025 has been received from stating that the compromise arrived voluntary and the same is without any pressure, coercion or undue IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38586-2025 (O&M) Date of Decision:- 21.07.2026 ……Petitioners ……Respondents ALOK JAIN Mr. A.P. Kaushal, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. Ms. Pallavi Bahre, Advocate for respondents No.2 and 3. The instant petition has been filed under Section 528 BNSS 17.06.2025, under 140(3) of BNS, Daba, District Ludhiana and subsequent proceeding arising therefrom on the basis of compromise dated 10.07.2025 Keeping in view the fact that the parties entered into a Court vide order dated 16.10.2025 parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report has been received from Judicial Magistrate 1st Class, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue 21.07.2026 ……Petitioners ……Respondents 528 BNSS 140(3) of BNS, and subsequent 10.07.2025 ties entered into a 16.10.2025 parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report Class, at between the parties is voluntary and the same is without any pressure, coercion or undue MANJU 2026.07.24 10:45 I attest to the accuracy and integrity of this document CRM-M-38586 3. of respondent they have no 4. amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chance are bleak. The power under Section matters. It has been held by Supreme Court of India in cases State of Punjab and another others v. State of Punjab cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved themselves in a 5. dated 17.06.2025 Daba, District Ludhiana hereby quashed (collectively) be paid by respondents No.2 and 3 today in “Nishkam Sewa Group (run by Punjab and Court Lawyers at Chandigarh) 6. July 21, 2026 manju Whether speaking/reasoned: Whether Reportable: -2- 38586-2025 (O&M) Learned State counsel and learned counsel appearing on behalf of respondents No.2 and 3 admit the factum of compromise and submit that no objection in quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chance are bleak. The power under Section 528 BNSS matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and others v. State of Punjab and another 2014(6) SCC 406 cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved themselves in a bona fide manner. Consequently, the present petition is allowed 17.06.2025, under 140(3) of BNS, 2023 ba, District Ludhiana and subsequent proceeding arising therefrom quashed qua the petitioners subject to cost (collectively) to be paid by the petitioners and be paid by respondents No.2 and 3 within a period of Nishkam Sewa Group (run by Punjab and Court Lawyers at Chandigarh)”. Pending application(s), if any, stands disposed of. July 21, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among petition is allowed. FIR No.70 140(3) of BNS, 2023, registered at Police Station and subsequent proceeding arising therefrom, are subject to costs of Rs.25,000/- s and Rs.10,000/-(collectively) to within a period of one month from Nishkam Sewa Group (run by Punjab and Haryana High Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that Perusal of the aforesaid report establishes that the parties have in s of conviction can be exercised in such Gian Singh v. Narinder Singh and that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, among 70 registered at Police Station are - to from Haryana High MANJU 2026.07.24 10:45 I attest to the accuracy and integrity of this document