BALTESHWAR SINGH AND ORS v. STATE OF PUNJAB AND ANR
CRM-M/63153/2024 · 2025-02-25
Manisha Batra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114075 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114075 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
296
BALTESHWAR SINGH
STATE OF PUNJAB
CORAM: HON’BLE MRS. Present : Mr
Ms. Swati Batra, D.A.G., Punjab. Mr. MANISHA BATRA
1. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, 452 and 506 of IPC, at Police Station Division No.5, Police Commissionerate, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise dated 02.10.2024 (Annexure P 2 . This Court vide order dated 16 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 appeare Additional Chief Judicial Magistrate, Ludhiana 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:
BALTESHWAR SINGH AND OTHERS
Versus STATE OF PUNJAB AND OTHERS
HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Harminder Singh, Advocate for the petitioner Ms. Swati Batra, D.A.G., Punjab. Mr. Ashutosh Bhardwaj, Advocate for respondents No.2 to 4
**** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, and 506 of IPC, at Police Station Division No.5, Police Commissionerate, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise dated 02.10.2024 (Annexure P-2). This Court vide order dated 16.01.2025 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 Pursuant to the aforesaid order, parties have appeare Additional Chief Judicial Magistrate, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.63153 of 2024 Date of decision: 25.02.2025
…. Petitioners
…. Respondents MANISHA BATRA
, Advocate for the petitioners. vocate for respondents No.2 to 4.
The present petition has been filed under Section 528 of Bharatiya ‘BNSS’) for quashing of FIR No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, and 506 of IPC, at Police Station Division No.5, Police Commissionerate, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of
.01.2025 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 Pursuant to the aforesaid order, parties have appeared before the Additional Chief Judicial Magistrate, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has Bharatiya for quashing of FIR No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, and 506 of IPC, at Police Station Division No.5, Police Commissionerate, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of .01.2025 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 d before the Additional Chief Judicial Magistrate, Ludhiana and got their statements has Jyoti 2025.02.27 17:32 I attest to the accuracy and integrity of this document
submitted report dated 15 effected between the p influence. 4. Learned State counsel as well as c 4 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be se 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 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.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, 452 and 506 of IPC, at Police Station Division No.5, Police Commissionerate, Ludhiana and all subsequent proceedings arising therefrom on the basis of compromis (Annexure P-2) are quashed qua the petitioners.
25.02.2025 Jyoti-IV
CRM-M No.63153 of 2024 submitted report dated 15.02.2025 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 c have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be se 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 (2012) 10 SCC 303 this petition is allowed and FIR No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, 452 and 506 of IPC, at Police Station ision No.5, Police Commissionerate, Ludhiana and all subsequent proceedings arising therefrom on the basis of compromis ) are quashed qua the petitioners. (MANISHA BATRA)
Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No
-2- .02.2025 to the effect that the compromise has been arties voluntarily and without any coercion or undue Learned State counsel as well as counsel for respondents No.2 to 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 Kulwinder Singh and others Versus State of Punjab and nd approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, 452 and 506 of IPC, at Police Station ision No.5, Police Commissionerate, Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 02.10.2024 ) are quashed qua the petitioners.
(MANISHA BATRA)
JUDGE Yes/No. Yes/No .02.2025 to the effect that the compromise has been arties voluntarily and without any coercion or undue ounsel for respondents No.2 to rved to Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and nd approved by the Hon’ble Supreme , this petition is allowed and FIR No.295 dated 05.12.2023 registered under Sections 148, 149,323, 341, 427, 452 and 506 of IPC, at Police Station ision No.5, Police Commissionerate, Ludhiana and all subsequent e dated 02.10.2024 Jyoti 2025.02.27 17:32 I attest to the accuracy and integrity of this document