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2025 DAILYLAW 10352 (PNJ)

LALLI @ GURPREET SINGH AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/1764/2025 · 2025-04-25

Manisha Batra

body2025

Judgment text

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CRM-M-1764-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 294 CRM-M-1764-2025(O&M) Date of Decision: 25.04.2025 LALLI @ GURPREET SINGH AND ORS ....Petitioners VERSUS STATE OF PUNJAB AND ORS ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Praagbir Singh Dhindsa, Advocate for the peitioners. Ms. Himani Arora, AAG, Punjab. Mr. Gurpreet Singh Gunna, Advocate for Mr. Kartik Bansal, Advocate for respondent no.4. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.75 dated 11.05.2019 under Sections 326, 325, 323, 342, 148, 149 of IPC registered at Police Station Dakha, District Ludhiana Rural and all the subsequent proceedings arising therefrom, on the basis of No Objection Affidavit dated 16.12.2024 (Annexure P-2) given by respondent no.4/complainant. 2 . This Court vide order dated 16.01.2025 and 04.03.2025 had directed the parties to appear before the trial Court 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 have appeared before the learned Judicial Magistrate 1st Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has Deepak Patwal 2025.04.28 17:42 I attest to the accuracy and integrity of this document CRM-M-1764-2025(O&M) 2 submitted reports dated 27.02.2025 and 22.04.2025 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.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 trial Court in the instant FIR. 6. 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 approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.75 dated 11.05.2019 under Sections 326, 325, 323, 342, 148, 149 of IPC registered at Police Station Dakha, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of No Objection Affidavit dated 16.12.2024 dated 16.12.2024 (Annexure P-2) given by respondent no.4/complainant are quashed qua the petitioners. ( MANISHA BATRA ) 25.04.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No Deepak Patwal 2025.04.28 17:42 I attest to the accuracy and integrity of this document