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2025 DAILYLAW 112768 (PNJ)

HARPREET SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/25382/2025 · 2025-11-11

Sanjay Vashisth

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Judgment text

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CRM-M-25382 278 IN THE HIGH COURT OF PUNJAB AND HARYANA HARPREET SINGH STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present:- SANJAY VASHISTH 1. BNSS, seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the compromise da effected between the parties. DETAILS OF CRIMINAL CASE FIR No. 178 2. directed to appear before the learned Trial Court/Illaqa Magistrate, for 25382-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of Decision: HARPREET SINGH Versus STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Dhawaljeet Dutta, Advocate for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab. Mr. Abhishek Kathpal, Advocate for respondent No.2. SANJAY VASHISTH, J.(Oral) Instant petition has been filed under Section 528 of BNSS, seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the compromise dated 01.05.2025 (Annexure P effected between the parties. DETAILS OF CRIMINAL CASE:- Date Section(s) 30.04.2023 509 IPC, 67(A) of IT Act, 2008 Vide order dated 02.07.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-25382-2025 (O&M) Date of Decision: 11.11.2025 …Petitioner …Respondents SANJAY VASHISTH Advocate Mr. Vinay Kumar Malhotra, DAG, Punjab. Mr. Abhishek Kathpal, Advocate Instant petition has been filed under Section 528 of BNSS, seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, ted 01.05.2025 (Annexure P-2), Police Station 509 IPC, 67(A) of IT Goindwal Sahib, Tarn Taran Vide order dated 02.07.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for HIMANSHU 2025.11.13 10:32 I attest to the accuracy and integrity of this document CRM-M-25382 getting their respective statements recorded with regard to the compromise. 3. Sessions Judge, Tarn Taran, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the part same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused quashed. 4. in original, along with its report. The relevant part of the said report is reproduced herebelow: Sr. No. 1. Total number of persons found involved as accused in the dispute/FIR 2. Number of complainant/victim(s) 3. Whether all the accused and complainant / victims are party to compromise & signed the same 4. In case, any affected person(accused or complainant) is left out or not arrayed as party in the quashing petition before 25382-2025 (O&M) -2- getting their respective statements recorded with regard to the compromise. Report has since been received from learned Dis Sessions Judge, Tarn Taran, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the part same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is reproduced herebelow: Description Total number of persons found involved as accused in the dispute/FIR One accused Number of complainant/victim(s) One victims/complainant Whether all the accused and complainant / victims are party to compromise & signed the same Yes In case, any affected person(accused or complainant) is left out or not arrayed as party in the quashing petition before No complainant/accused has been left out in the petition and all have been arrayed as party in the petition. getting their respective statements recorded with regard to the Report has since been received from learned District and Sessions Judge, Tarn Taran, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is annexed the statements of the parties in original, along with its report. The relevant part of the said report is Description accused victims/complainant No complainant/accused has been left out in the petition and all have been arrayed as party in the petition. HIMANSHU 2025.11.13 10:32 I attest to the accuracy and integrity of this document CRM-M-25382 High Court, detail whereas; Or His/her statement is till to be recorded, in compliance to the direction of this Court, details of such person 5. Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or adjudication 6. Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence 7. Any other aspect relevant to the present case. 5. accused other than the petitioner and the private respondent aggrieved person in the FIR in question. 6. Judge, Gurdaspur, and the principles laid down b Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. T consequential proceedings arising out of it, are quashed. 25382-2025 (O&M) -3- High Court, detail whereas; His/her statement is till to be recorded, in compliance to the direction of this Court, details of such person Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication No Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes Any other aspect relevant to the present case. Nothing worth noticing reported Learned State counsel too submits that there are no other accused other than the petitioner and the private respondent aggrieved person in the FIR in question. In view of the report of the learned Additional Sessions Judge, Gurdaspur, and the principles laid down b Gian Singh Vs. State of Punjab and others (2012) 10 SCC and also by the Full Bench of this Court in others Vs. State of Punjab and another, 2007(3) RCR (Criminal) , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Nothing worth noticing reported submits that there are no other accused other than the petitioner and the private respondent is the only In view of the report of the learned Additional Sessions Judge, Gurdaspur, and the principles laid down by Hon’ble the Apex Gian Singh Vs. State of Punjab and others (2012) 10 SCC and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) he aforesaid FIR and all consequential proceedings arising out of it, are quashed. HIMANSHU 2025.11.13 10:32 I attest to the accuracy and integrity of this document CRM-M-25382 7. 8. terms of com below. 11.11.2025 himanshu 25382-2025 (O&M) -4- Petition stands disposed of. Needless to say the parties sh mpromise and their statements r Whether reasoned/speaking: Yes/No Whether reportable: Yes/No hall remain bound by the recorded before the Court (SANJAY VASHISTH) JUDGE HIMANSHU 2025.11.13 10:32 I attest to the accuracy and integrity of this document