CRM-M-8302 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (292) Hem Raj and Ors. State of Punjab and Ors. CORAM: Present: ALOK JAIN 1. Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR No.31 dated 03.08.2023 under Sections 323 IPC added later on) registered at Police Station City South Moga Moga (Annexure P Sections 323/324/148/149 of IPC, registered at Police Station City South Moga (Annexure P therefrom on the basis of compromise dated 22.10.2024 2. settlement, the Coordinate Bench of this 8302-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Hem Raj and Ors. Versus Punjab and Ors. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Robindeep Singh Bhullar, Advocate Mr. Rishabh Singla, AAG, Punjab. Ms. Ruby Gupta, Advocate for Mr. Pranjal P. Chaudhary, Advocate for respondents No.2 **** ALOK JAIN, J. (Oral) The second petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR No.31 dated 03.08.2023 under Sections 323 later on) registered at Police Station City South Moga (Annexure P-1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South Moga (Annexure P-2) alongwith all subsequent proc therefrom on the basis of compromise dated 22.10.2024 Keeping in view the fact that the par settlement, the Coordinate Bench of this 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8302-2025 Date of Decision:- 19.03.2025 ……Petitioners ……Respondents ALOK JAIN , Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. udhary, Advocate for respondents No.2 to 4. petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR No.31 dated 03.08.2023 under Sections 323,324, 34 of IPC (Section 325 of later on) registered at Police Station City South Moga, District 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South 2) alongwith all subsequent proceedings arising therefrom on the basis of compromise dated 22.10.2024 (Annexure P-3) Keeping in view the fact that the parties entered into a settlement, the Coordinate Bench of this Court vide orders dated 1 s s to 4. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR 34 of IPC (Section 325 of District 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South eedings arising ties entered into a dated Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document CRM-M-8302 15.02.2025 Court for getting their statements recorded in that regard. Pursuant thereto, a report dated Division)-cum compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. 3. of respondent they have no objection dated 03.08.2023 4. No.151 dated 03.08.2023 already stand quashed by the Coordinate of this Court in CRM 5. amicably settled their dispute, and continuance of criminal such a situation will be an exercise in are bleak. The power under Section such matters. It has been held by Supreme Court of India in cases Singh v. State of Punjab and another Singh and others v. State of Punjab and another criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the part disputes among themselves in a 8302-2025 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 07.03.2025 has been received from cum-Judicial Magistrate 1st Class, Moga compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. Learned State counsel and learned counsel appearing on behalf of respondents No.2 to 4 admit the factum of compr no objection in quashing of the cross version Rapat/DDR No.31 dated 03.08.2023 on that basis. Learned counsel for the petitioners further submitted that FIR No.151 dated 03.08.2023 already stand quashed by the Coordinate of this Court in CRM-M-56298 of 2024 vide order dated 11.02.2025 Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 of BNSS, 2023 such matters. It has been held by Supreme Court of India in cases Singh v. State of Punjab and another 2012(10) SCC 303 and others v. State of Punjab and another criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the part disputes among themselves in a bona fide manner. 2 before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, has been received from Civil Judge (Junior Class, Moga stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that cross version Rapat/DDR No.31 Learned counsel for the petitioners further submitted that FIR No.151 dated 03.08.2023 already stand quashed by the Coordinate Bench 56298 of 2024 vide order dated 11.02.2025 Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in futility, as the chances of conviction 528 of BNSS, 2023 can be exercised in such matters. It has been held by Supreme Court of India in cases Gian 2012(10) SCC 303 and Narinder and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the manner. 2 before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, Civil Judge (Junior stating that the compromise arrived at between the parties is voluntary and the same is Learned State counsel and learned counsel appearing on behalf omise and submit that cross version Rapat/DDR No.31 Learned counsel for the petitioners further submitted that FIR Bench Perusal of the aforesaid report establishes that the parties have in futility, as the chances of conviction can be exercised in Gian Narinder that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or the Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document CRM-M-8302 6. No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of IPC added later on) registered at Police Station Moga (Annexure P Sections 323/324/148/149 of IPC, registered at Police Station City South Moga (Annexure P therefrom, Rs.10,000/- paid by respondents No.2 to 4 (Collective from today Chandigarh 19.03.2025 manju Whether speaking/reasoned: Whether Reportable: 8302-2025 Consequently, the present petition is allowed No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of IPC added later on) registered at Police Station (Annexure P-1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South Moga (Annexure P-2) alongwith all subsequent proceedings arising are hereby quashed qua the petitioner to be paid by the petitioners(collectively) by respondents No.2 to 4 (Collectively in the account of the Poor Patients Welfare Chandigarh. Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No 3 petition is allowed. Rapat/DDR No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of IPC added later on) registered at Police Station City South Moga, District 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South 2) alongwith all subsequent proceedings arising uashed qua the petitioners subject to costs of s(collectively) and Rs.10,000/- to be ly) within a period of one month Poor Patients Welfare Fund, PGIMER, (ALOK JAIN) JUDGE 3 Rapat/DDR No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of District 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South 2) alongwith all subsequent proceedings arising of to be one month PGIMER, Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document