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2025 DAILYLAW 13341 (PNJ)

PARAMJIT SINGH ALIAS PAMA v. STATE OF PUNJAB AND OTHERS

CRM-M/3049/2025 · 2025-03-24

Amarjot Bhatti

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Judgment text

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CRM-M-3049-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 275 CRM-M-3049-2025 Date of decision : 24.03.2025 Paramjit Singh @ Pama ...... Petitioner V/S State of Punjab and Ors. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Kamaljit Rana, Advocate for petitioner. Mr. Japjot Singh, AAG, Punjab. Mr. Gourav, Advocate for Mr. Raj Wadhwa, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner- Paramjit Singh alias Pama has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.150 dated 06.05.2022, under Sections 341, 354, 451, 452, 506 of IPC, registered at Police Station Dera Bassi, SAS Nagar, Mohali (Annexure P-5) and all subsequent proceedings arising therefrom on the basis of compromise dated 06.01.2025 (Annexure P-6). 2. As per facts of the case, complainant Baljit Kaur gave her statement that about 8-9 months ago work was going on in the street in front of her house, due to which fight took place. Sarpanch of village came namely Narain Singh and Member Panchayat also came there. She offered them tea. Sarpanch Narain Singh told her that he could manage a job of teacher for her in Anganwari and took copies of her certificate and Aadhar Card. In connection with the said job, she had a talk with the said Sarpanch several times. Suddenly on 19.03.2022 at Sunil Devi night time Narain Singh Sarpanch and Paramjeet Singh knocked at the door of 2025.03.27 10:02 I attest to the accuracy and integrity of this document CRM-M-3049-2025 -2- her house. She opened the door and both of them came inside. Paramjeet Singh threatened her whereas Narain Singh Sarpanch caught hold of her arm and took her inside the room forcibly. On the alarm raised by her both of them ran away from the spot. She did not disclose about the incident out of fear. On 05.05.2022, she along with her sister-in-law Madhu Kaur went to the fields where again Narain Singh Sarpanch and Paramjeet Singh threatened them. Finally, she disclosed about the whole incident to her husband and the matter was reported to the police. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. He arrayed Fatta Singh (husband of complainant) and Madhu Kaur (sister-in-law of complainant) as respondents No.3 & 4 who were allegedly witnesses. There was no need to array them as respondents as they are witnesses to the said occurrence. Vide order dated 20.01.2025, petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the court of Sub Divisional Judicial Magistrate, Dera Bassi dated 25.02.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioner- Paramjit Singh alias Pama also confirmed this fact in his statement. Statement of HC Mukesh Kumar is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. He further confirmed that Narain Singh co-accused was discharged during investigation. Sunil Devi 2025.03.27 10:02 I attest to the accuracy and integrity of this document CRM-M-3049-2025 -3- 5. Therefore, from the report of Sub Divisional Judicial Magistrate, Dera Bassi, it is clear that compromise has been effected between the parties without any pressure, coercion or undue influence. They have mutually settled all their claims. They are residents of same village. They will be able to live in peace and harmony. It will end the litigation started between them. No purpose would be served with the continuation of criminal proceedings. 6. Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the section itself i.e. to prevent abuse of the process of any court or to secure the ends of justice.’ 7. Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering these facts, the petition filed by the petitioners is accepted and FIR No.150 dated 06.05.2022, under Sections 341, 354, 451, 452, 506 of IPC, registered at Police Station Dera Bassi, SAS Nagar, Mohali (Annexure P-5) and all subsequent proceedings arising therefrom are quashed qua petitioner. (AMARJOT BHATTI ) JUDGE 24.03.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.03.27 10:02 I attest to the accuracy and integrity of this document