Research › Search › Judgment

High Court of Punjab and Haryana · body

2024 DAILYLAW 2667 (PNJ)

GURDAS SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/56853/2024 · 2026-05-29

Manisha Batra

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-56853 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (224 ) GURDAS SINGH AND OTHERS STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Kamal Narula, Advocate for the petitioners Ms. Sakshi Bakshi, AAG, Punjab Mr. Munish Gulati, Advocate for respondent No.2 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.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, 148, 149 of IPC at Police St subsequent proceedings emanating therefrom on the basis of compromise dated 26.09.2024 (Annexure P 2. This Court vide order dated 23.04.2026 had directed the parties to appear before the trial Court to get the learned Magistrate was directed to send his report qua the genuineness of the compromise. 56853-2024 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 29.05.2026 GURDAS SINGH AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Kamal Narula, Advocate for the petitioners Ms. Sakshi Bakshi, AAG, Punjab Mr. Munish Gulati, Advocate for respondent No.2 **** SHA BATRA, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, 148, 149 of IPC at Police Station Guru Harsahai, District Ferozepur and subsequent proceedings emanating therefrom on the basis of compromise dated 26.09.2024 (Annexure P-2). This Court vide order dated 23.04.2026 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 of the compromise. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM-M-56853-2024 (O&M) Date of decision : 29.05.2026 ... Petitioners ...Respondents HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Kamal Narula, Advocate for the petitioners Mr. Munish Gulati, Advocate for respondent No.2 The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, ation Guru Harsahai, District Ferozepur and subsequent proceedings emanating therefrom on the basis of compromise This Court vide order dated 23.04.2026 had directed the their statements recorded and the learned Magistrate was directed to send his report qua the genuineness AMIT SHARMA 2026.05.29 15:29 I attest to the accuracy and integrity of this order/judgment. CRM-M-56853 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate F statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.05.2026 to the effect 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 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 procee 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 Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, 148, 149 of IPC at Police Station Guru Harsahai, District Ferozepur and subseque therefrom on the basis of compromise dated 26.09.2024 (Annexure P quashed qua the petitioners. 29.05.2026 Amit Sharma 56853-2024 (O&M) (2) Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate First Class, Guruharsahai and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.05.2026 to the effect 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 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.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, 148, 149 of IPC at Police Station Guru Harsahai, District Ferozepur and subseque therefrom on the basis of compromise dated 26.09.2024 (Annexure P quashed qua the petitioners. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Pursuant to the aforesaid order, parties have appeared before irst Class, Guruharsahai and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.05.2026 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 dings 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 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.109 dated 14.06.2024 registered under Sections 307, 323, 506, 447, 148, 149 of IPC at Police Station Guru Harsahai, District Ferozepur and subsequent proceedings emanating therefrom on the basis of compromise dated 26.09.2024 (Annexure P-2) are (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.05.29 15:29 I attest to the accuracy and integrity of this order/judgment.