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2025 DAILYLAW 23153 (PNJ)

HUMA ALIAS UME SALMA AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/7943/2025 · 2025-03-26

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 308 HUMA ALIAS UME SALMA AND ORS. STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Advocate for Ms. Sakshi Bakshi, AAG, Punjab Mr. Sunny K. Singla, Advocate for respondent No.2 MANISHA BATRA 1. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at Police Station City proceedings arising therefrom, on the basis of compromise (Annexures P P-3). 2 . This Court vide order dated 13.02.2025 had directed the parties to appear before the trial Court to get their statem Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional Judicial Magistrate and got their statements recor IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: HUMA ALIAS UME SALMA AND ORS. Versus STATE OF PUNJAB AND ORS. HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Navdeep Jain, Advocate for Advocate for the petitioners. Ms. Sakshi Bakshi, AAG, Punjab. Mr. Sunny K. Singla, Advocate for respondent No.2 **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at Police Station City-1, Malerkotla, District Malerkotla and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexures P This Court vide order dated 13.02.2025 had directed the parties to appear before the trial Court to get their statem Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional Judicial Magistrate and got their statements recor IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.7943 of 2025 Date of decision: 26.03.2025 …. Petitioners Versus …. Respondents MANISHA BATRA , Advocate for Mr. Shubham Chandel, . Mr. Sunny K. Singla, Advocate for respondent No.2. The present petition has been filed under Section 528 of Bharatiya ‘BNSS’) for quashing of FIR No.48 dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at rkotla, District Malerkotla and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexures P-2 and This Court vide order dated 13.02.2025 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 learned Sub Divisional Judicial Magistrate and got their statements recorded. Bharatiya for quashing of FIR No.48 dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at rkotla, District Malerkotla and all the subsequent 2 and This Court vide order dated 13.02.2025 had directed the parties to ents 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 ded. Jyoti 2025.03.28 09:33 I attest to the accuracy and integrity of this document CRM On the basis of the statements so recorded, learned copy of report dated 17.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to 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 this petition is allowed and FIR No.48 dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at Police Station City District Malerkotla and all subsequent proceedings arising therefrom on the basis of compromise (Annexures P 26.03.2025 Jyoti-IV CRM-M No.7943 of 2025 On the basis of the statements so recorded, learned copy of report dated 17.03.2024 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 counsel for respondent No.2 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 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 this petition is allowed and FIR No.48 dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at Police Station City District Malerkotla and all subsequent proceedings arising therefrom on the of compromise (Annexures P-2 and P-3) are quashed qua the petitioners. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.7943 of 2025 -2- On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 17.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue State counsel as well as counsel for respondent No.2 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 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.48 dated 03.05.20224 registered under Sections 315, 325, 323, 452 of IPC, at Police Station City-1, Malerkotla, District Malerkotla and all subsequent proceedings arising therefrom on the 3) are quashed qua the petitioners. (MANISHA BATRA) JUDGE Yes/No. Yes/No has submitted copy of report dated 17.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue State counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme , this petition is allowed and FIR No.48 dated 03.05.20224 registered under 1, Malerkotla, District Malerkotla and all subsequent proceedings arising therefrom on the Jyoti 2025.03.28 09:33 I attest to the accuracy and integrity of this document