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2025 DAILYLAW 25324 (PNJ)

AJIT SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/8847/2025 · 2025-04-01

Manisha Batra

body2025

Judgment text

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CRM-M-8847 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 312 CRM-M-8847 of 2025 Date of Decision: 01.04.2025 Ajit Singh and another ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Ms. Ragini Kukkar, Advocate, for Ms. Sapna Khurana, Advocate for the petitioners. Ms. Himani Arora, AAG, Punjab. Mr. Subhash Chand, Advocate for respondent No.2. ***** Manisha Batra, J.(Oral) 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing of FIR No.210 dated 01.10.2024 under Sections 115(2), 117(2), 333 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) registered at Police Station Islamabad, District Police Commissionerate Amritsar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.01.2025 (Annexure P-2). 2. This Court vide order dated 17.02.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the DINESH BANSAL 2025.04.03 14:53 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8847 of 2025 -2- genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class, Amritsar and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 19.03.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 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 Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.210 dated 01.10.2024 under Sections 115(2), 117(2), 333 and 3(5) of BNS, 2023, registered at Police Station Islamabad, District Police Commissionerate Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 24.01.2025 (Annexure P-2) are quashed qua the petitioners. (MANISHA BATRA) 01.04.2025 JUDGE D.Bansal Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No DINESH BANSAL 2025.04.03 14:53 I attest to the accuracy and integrity of this document Chandigarh