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2025 DAILYLAW 20122 (PNJ)

GAGANPREET v. STATE OF PUNJAB AND ANR

CRM-M/5848/2025 · 2025-09-09

Sanjay Vashisth

body2025

Judgment text

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CRM-M-5848-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 303 CRM-M-5848-2025 Date of decision: 09.09.2025 GAGANPREET ....Petitioner Versus STATE OF PUNJAB AND OTHERS ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Rishab Bhandari, Advocate for the petitioner. Mr. Bareen Pratap Singh, AAG, Punjab. Mr. Jaswinder Singh Rana, Advocate for respondents No.2 and 3. SANJAY VASHISTH. J.(Oral) 1. 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 21.12.2024, effected between the parties. DETAILS OF CRIMINAL CASE:- FIR No. Date Section(s) Police Station 110 22.11.2024 318(4) of BNS, 2023 and 25 of Immigration Act, 1983 NRI, SAS Nagar, Mohali 2. Vide order dated 11.03.2025, 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. 3. Report has since been received from learned Judicial Magistrate First Class, SAS Nagar in pursuance to the directions of this Court wherein, the factum AMANDEEP GOSAIN 2025.09.09 18:57 I attest to the accuracy and integrity of this order/judgment CRM-M-5848-2025 - 2- 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 quashed. 4. 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: Sr. No. Description 1. Total number of persons found involved as accused in the dispute/FIR One 2. Number of complainant/victim(s) One complainant and one victim 3. Whether all the accused and complainant / victims are party to compromise & signed the same Yes 4. In case, any affected person(accused or 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 compliance to the direction of this Court, details of such person No 5. 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 6. Report of the Court whether compromise is Yes AMANDEEP GOSAIN 2025.09.09 18:57 I attest to the accuracy and integrity of this order/judgment CRM-M-5848-2025 - 3- genuine, voluntary, and without any coercion or undue influence 7. Any other aspect relevant to the present case. Nothing worth noticing reported 5. Learned State counsel submits that petitioner is the only named accused in the FIR in question, and that the private respondents are complainant/aggrieved parties therein. 6. In view of the report of the learned Judicial Magistrate First Class, SAS Nagar, and the principles laid down by Hon’ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 7. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below 8. Petition stands disposed of. (SANJAY VASHISTH) 09.09.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.09.09 18:57 I attest to the accuracy and integrity of this order/judgment