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2025 DAILYLAW 25845 (PNJ)

RAJESHWAR PARSHAD & ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/8325/2025 · 2025-05-23

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 133 RAJESHWAR PARSHAD AND ANTOHER STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Himani Arora, A.A.G, Punjab Mr. Shivam Gupta, Advocate for respondent No.2. MANISHA BATRA 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 dated 03.01.2025 registered under Sections 406, 420, Police Station Mandi Gobindgarh, Distric subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2025 (Annexure P 2 . This Court vide order dated 14.02.2025 had directed the parties to appear before the trial Court to get their statemen 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, Amloh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: RAJESHWAR PARSHAD AND ANTOHER Versus STATE OF PUNJAB AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Anuj Kumar Sharma, Advocate for the Ms. Himani Arora, A.A.G, Punjab Mr. Shivam Gupta, Advocate for respondent No.2. **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 dated 03.01.2025 registered under Sections 406, 420, Police Station Mandi Gobindgarh, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2025 (Annexure P-2). This Court vide order dated 14.02.2025 had directed the parties to appear before the trial Court to get their statemen 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, Amloh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.8325 of 2025 Date of decision: 23.05.2025 RAJESHWAR PARSHAD AND ANTOHER …. Petitioners …. Respondents MANISHA BATRA , Advocate for the petitioners. Ms. Himani Arora, A.A.G, Punjab. Mr. Shivam Gupta, Advocate for respondent No.2. The present petition has been filed under Section 528 of of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for quashing of FIR No.3 dated 03.01.2025 registered under Sections 406, 420, 506 and 120-B of IPC, at t Fatehgarh Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated This Court vide order dated 14.02.2025 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, Amloh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has of for quashing of FIR No.3 B of IPC, at t Fatehgarh Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated This Court vide order dated 14.02.2025 had directed the parties to ts 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, Amloh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has Jyoti 2025.05.23 17:19 I attest to the accuracy and integrity of this document submitted copy of report dated 05.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Lea 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 FI 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 this petition is allowed and FIR No.3 dated 03.01.2025 registered under Sections 406, 420, District Fatehgarh Sahib and all subsequent proceedings arising therefro the basis of compromise dated 05.02.2025 (Annexure P petitioners. 23.05.2025 Jyoti-IV CRM-M No.8325 of 2025 submitted copy of report dated 05.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 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 FI 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 others (2012) 10 SCC 303 this petition is allowed and FIR No.3 dated 03.01.2025 registered under Sections 406, 420, 506 and 120-B of IPC, at Police Station Mandi Gobindgarh, District Fatehgarh Sahib and all subsequent proceedings arising therefro the basis of compromise dated 05.02.2025 (Annexure P (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.8325 of 2025 -2- submitted copy of report dated 05.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or rned 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 and others (2012) 10 SCC 303, this petition is allowed and FIR No.3 dated 03.01.2025 registered under B of IPC, at Police Station Mandi Gobindgarh, District Fatehgarh Sahib and all subsequent proceedings arising therefrom on the basis of compromise dated 05.02.2025 (Annexure P-2) are quashed qua the (MANISHA BATRA) JUDGE Yes/No. Yes/No submitted copy of report dated 05.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or rned 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.3 dated 03.01.2025 registered under B of IPC, at Police Station Mandi Gobindgarh, m on 2) are quashed qua the Jyoti 2025.05.23 17:19 I attest to the accuracy and integrity of this document