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2025 DAILYLAW 103783 (PNJ)

KARAN HANS AND OTHERS v. STATE OF PUNJAB AND ANR

CRM-M/56490/2024 · 2025-04-09

Manisha Batra

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 241 KARAN HANS AND OTHER STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MRS. Present : Mr Ms. Swati Batra, D.A.G., Punjab. Mr. Naresh Chander, Advocate for respondent No.2. MANISHA BATRA 1. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, D proceedings arising therefrom, on the basis of compromise dated 24.07.2024 (Annexure P-2). 2 . This Court vide order dated 13.11.2024 had directed the parties to appear before the trial Court to get their stateme 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 Chief Judicial Magistrate, Hoshiarpur and got their statements recorded. On the basis of the statements so recorded, learned IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: KARAN HANS AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Kapil Khanna, Advocate for the Ms. Swati Batra, D.A.G., Punjab. Mr. Naresh Chander, Advocate for respondent No.2. **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, District Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.07.2024 2). This Court vide order dated 13.11.2024 had directed the parties to appear before the trial Court to get their stateme Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Hoshiarpur and got their statements orded. On the basis of the statements so recorded, learned IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.56490 of 2024 Date of decision: 09.04.2025 …. Petitioners …. Respondents MANISHA BATRA , Advocate for the petitioners. Mr. Naresh Chander, Advocate for respondent No.2. The present petition has been filed under Section 528 of Bharatiya ‘BNSS’) for quashing of FIR No.31 dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC istrict Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.07.2024 This Court vide order dated 13.11.2024 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 Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Hoshiarpur and got their statements orded. On the basis of the statements so recorded, learned Magistrate has Bharatiya for quashing of FIR No.31 dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC istrict Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.07.2024 This Court vide order dated 13.11.2024 had directed the parties to nts recorded and the learned Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Hoshiarpur and got their statements has Jyoti 2025.04.09 17:01 I attest to the accuracy and integrity of this document CRM submitted report dated 21.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State 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. Foll this Court in another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of Punjab and others this petition is allowed and Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromi petitioner. 09.04.2025 Jyoti-IV CRM-M No.56490 of 2024 submitted report dated 21.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue 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 Court in 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 this petition is allowed and FIR No. 31 dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 24.07.2024 (Annexure P Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.56490 of 2024 -2- submitted report dated 21.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue 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. owing the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, 31 dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, District Hoshiarpur and all subsequent proceedings arising therefrom on the se dated 24.07.2024 (Annexure P-2) are quashed qua the (MANISHA BATRA) JUDGE Yes/No. Yes/No submitted report dated 21.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to owing the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme , 31 dated 28.01.2024 registered under Sections 323, 324, 341, 506 and 148 of IPC at Police Station City Hoshiarpur, District Hoshiarpur and all subsequent proceedings arising therefrom on the 2) are quashed qua the Jyoti 2025.04.09 17:01 I attest to the accuracy and integrity of this document