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2025 DAILYLAW 25617 (PNJ)

GURMAIL SINGH AND ANR. v. STATE OF PUNJAB AND ANR.

CRM-M/13909/2013 · 2025-08-27

Jasjit Singh Bedi

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268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13909-2013 (O&M) Date of decision :27.08.2025 GURMAIL SINGH AND ANR. ... Petitioners Versus STATE OF PUNJAB AND ANR. ...Respondents CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Abhishek Sharma, Advocate for Mr.Vishal Gupta, Advocate for the petitioners. Mr. M.S. Toor, A.A.G., Punjab. Mr. Jaivir Singh, Advocate for Mr. Arvind Mittal, Advocate for respondent No.2. **** JASJIT SINGH BEDI, J. (ORAL) The prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No.78 dated 09.09.2005 registered under Sections 36(1), 36(3), of Punjab Apartment and Property Regulation Act, 1995 at Police Station Amloh, District Fatehgarh Sahib. A status report dated 26.08.2025 by way of an affidavit of Gurdeep Singh, PPS, Deputy Superintendent of Police, Sub-Division Amloh, Disttrict Fatehgarh Sahib, Punjab has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. Para 6 of the reply is reproduced as under:- “6. That thereafter, a report dated 10-10-2007 was received in the office of the Senior Superintendent of Police, Fatehgarh Sahib, from the Additional Chief Administrator, PUDA, Patiala, wherein reference was made to earlier JITESH LAL 2025.08.29 09:29 I attest to the accuracy and integrity of this document CRM-M-13909-2013 (O&M) -2- correspondence and a list of cases registered under the Punjab Apartment and Property Regulation Act, 1995 was mentioned. In this report, it was informed that in certain cases, sanction under Section 38(1) of the Act had already been granted and copies of the approvals had been forwarded to the concerned police stations. It was, however, further conveyed that in respect of other cases, including the present FIR, the matter was still under consideration under Section 38(2) of the Act for compounding of offences, but since the Government had not finalized the compounding policy till that date, such cases were to be kept pending until finalization of the policy and issuance of specific directions under Section 38(2) of the Act. True translation of report dated 10-10- 2007 is Annexure R2/T.” Keeping in view the fact that the petitioners have a remedy to get the offence compounded, the present petition is disposed of with the liberty to the petitioners to make an application for compounding and the appropriate authority shall consider the same within a period of four weeks of making such application. (JASJIT SINGH BEDI) JUDGE 27.08.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.08.29 09:29 I attest to the accuracy and integrity of this document