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CRM-M-7301-2025 :1: 297 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-7301-2025 Date of decision:03.04.2025 SARABJIT SINGH AND OTHERS ...Petitioners VERSUS STATE OF PUNJAB AND OTHERS ...Respondents
CORAM:
HON'BLE MR.JUSTICE KARAMJIT SINGH Present: Mr. Ritesh Pandey, Advocate for the petitioners. Mr. Ajaib Singh, Addl. A.G. Punjab. Mr. Aazam Khan, Advocate for respondents No. 2 to 5. ***** KARAMJIT SINGH
, J. (Oral)
Prayer in this petition is for quashing of FIR No.83 dated 17.07.2024 registered under Sections 115(2), 118(1), 190, 191(3) of Bharatiya Nyaya Sanhita, 2023 (Sections 118(2) and 117(2) of BNS, 2023 added later on), at Police Station Dera Bana Nanak, Batala, District Gurdaspur on the basis of compromise.
2. The above stated FIR was registered on the statement of the complainant/respondent No.2-Bhupinder Singh against the petitioners.
3. On notice of motion, respondents No.2 to 5 appeared in the Court through their counsel and pleaded that they have no objection if Priyanka Thakur 2025.04.04 17:08 I attest to the accuracy and integrity of this document
CRM-M-7301-2025 :2: the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.
4. During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.
5. In compliance thereof, report from the Court of Additional Civil Judge (Sr. Division-cum-Sub Divisional Judicial Magistrate, Batala along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side.
6.
I have heard learned counsel for the parties.
7.
Learned counsel for the petitioners and for respondents No.2 to 5 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.
8. In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.
9. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and Priyanka Thakur 2025.04.04 17:08 I attest to the accuracy and integrity of this document
CRM-M-7301-2025 :3: another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.83 dated 17.07.2024 registered under Sections 115(2), 118(1), 190, 191(3) of Bharatiya Nyaya Sanhita, 2023 (Sections 118(2) and 117(2) of BNS, 2023 added later on), at Police Station Dera Bana Nanak, Batala, District Gurdaspur and all the subsequent proceedings are hereby quashed qua the present petitioners.
(KARAMJIT SINGH) 03.04.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No
Priyanka Thakur 2025.04.04 17:08 I attest to the accuracy and integrity of this document