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2025 DAILYLAW 26049 (PNJ)

RANJIT SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/8953/2025 · 2025-07-08

Harpreet Singh Brar

body2025

Judgment text

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294 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8953-2025 (O & M) Date of decision: 08.07.2025 RANJIT SINGH ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sahil Vashishat, Advocate for the petitioner. Mr. Rishabh Singla, AAG, Punjab. None for respondent No.2. **** HARPREET SINGH BRAR, J. (ORAL) CRM-6652-2025 Allowed as prayed for. MAIN CASE 1. This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.253 dated 09.09.2015 under Sections 459/324/323/34 of IPC registered at Police Station Dakha, Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). 2. The following order was passed on 18.02.2025 :- “This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.253 dated 09.09.2015 under Sections 459/324/323/34 of IPC registered at Police Station Dakha, Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). Notice of motion. At this stage, on the asking of the Court, Mr. Nitesh Sharma, DAG, Punjab accepts notice on behalf of respondent MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document CRM-M-8953-2025 (O & M) 2 No.1-State and Mr. Amandeep Singh, Advocate accepts notice for respondent No.2 and files his memo of appearance and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. Learned counsel for the petitioner submits that the petitioner is the only person facing trial in the FIR (supra) as one of the accused has been declared as proclaimed offender and other accused were named as unknown persons. Adjourned to 19.03.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. Learned State counsel submits that there are two accused in the present petition. 4. Learned counsel for the petitioner submits that petitioner is the only accused facing the trial and one of the co-accused has been declared proclaimed offender in the year 2016, whose whereabouts are not known, as such, there is no embargo in quashing of the FIR (supra) on the basis of compromise. 5. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone. MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document CRM-M-8953-2025 (O & M) 3 6. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 46, and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.253 dated 09.09.2015 under Sections 459/324/323/34 of IPC registered at Police Station Dakha, Ludhiana (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) July 08, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document