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2025 DAILYLAW 126497 (PNJ)

JAGDEEP SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/49208/2025 · 2025-11-13

Sanjay Vashisth

body2025

Judgment text

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CRM-M-49208 318 IN THE HIGH COURT OF PUNJAB AND HARYANA JAGDEEP SINGH AND OTHERS STATE OF PUNJAB AND ANOTHER 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 dated affidavit dated 19.07.2025 (P3 and P DETAILS OF CRIMINAL CASE FIR No. 68 49208-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of Decision: JAGDEEP SINGH AND OTHERS Versus PUNJAB AND ANOTHER CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Pawan K. Sharma, Advocate for the petitioners. Mr. Vinay Kumar Malhotra, DAG, Punjab. Mr. Mandeep Singh, 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 19.12.2018 fidavit dated 19.07.2025 (P3 and P-4), effected between the parties. DETAILS OF CRIMINAL CASE:- Date Section(s) 27.03.2018 406, 420 of IPC, 1860 and Section 24 of Imigration Act and under Sections 6 and 7 of Punjab Travelling Professional (Regulation) Act, 2012 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-49208-2025 (O&M) Date of Decision: 13.11.2025 …Petitioners …Respondents SANJAY VASHISTH Advocate Mr. Vinay Kumar Malhotra, DAG, Punjab. 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, 19.12.2018 (Annexure P-2) and , effected between the parties. Police Station 406, 420 of IPC, 1860 and Section 24 of Imigration Act and under Sections 6 and 7 of Punjab Travelling (Regulation) Act, 2012 Dera Bassi, SAS Nagar HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-49208 2. directed to appear before the learned Trial getting their respective statements recorded with regard to the compromise. 3. Magistrate 1s Court wherein, 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 quashed. 4. in original, along with its report. The relevant part of 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 / party to compromise & signed the same 4. In case, any affected person(accused or 49208-2025 (O&M) -2- Vide order dated 04.09.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. Report has since been received from learned st Class, Dera Bassi, 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 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 reproduced herebelow: Description Total number of persons found involved as accused in the dispute/FIR Three accused Number of complainant/victim(s) One victim/complainant Whether all the accused and complainant / victims are party to compromise & signed the same Yes In case, any affected person(accused or No complainant/accused has been left out in the petition and all have been .2025, the affected parties were Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the Report has since been received from learned Judicial , in pursuance to the directions of this 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 respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is Description accused victim/complainant No complainant/accused has been left out in the petition and all have been HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-49208 complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereas; Or His/her statement is till to be recorded, in c to the direction of this Court, details of such person 5. Whether any accused has been declared as a proclaimed offender/person or any against him/her have been initiated or pending 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. Class, Dera Bassi 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, 49208-2025 (O&M) -3- complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereas; His/her statement is till to be recorded, in compliance to the direction of this Court, details of such person arrayed as party in the petition. 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 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 Dera Bassi, 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 others Vs. State of Punjab and another, 2007(3) RCR (Criminal) arrayed as party in the petition. Nothing worth noticing reported Learned State counsel too 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 Judicial Magistrate 1st , 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 2007(3) RCR (Criminal) HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-49208 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 7. 8. terms of compromi below. 13.11.2025 himanshu 49208-2025 (O&M) -4- , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Petition stands disposed of. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court Whether reasoned/speaking: Yes/No Whether reportable: Yes/No , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the se and their statements recorded before the Court (SANJAY VASHISTH) JUDGE HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document