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2025 DAILYLAW 26470 (PNJ)

GULSHAN KUMAR AND ORS v. STATE OF PUNJAB AND ANR

CRM-M/9067/2025 · 2025-07-09

Harpreet Singh Brar

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Judgment text

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294 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9067-2025 Date of decision: 09.07.2025 Gulshan Kumar and others ....Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Prateek Pandit, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) 1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.79 dated 25.07.2021 under Sections 323/342/149 of IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Bholath District Kapurthala (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 07.12.2024 (Annexure P-3). 2. The following order was passed on 18.02.2025: “This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.79 dated 25.07.2021 under Sections 323/342/149 of IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Bholath District Kapurthala (Annexure P- 1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 07.12.2024 (Annexure P-3). Notice of motion for 19.03.2025. At this stage, on the asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Barjinder Singh, Advocate accepts notice for respondent No.2 and files his vakalatnama and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. 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 their statements recorded 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 Neha 2025.07.11 12:17 I attest to the accuracy and integrity of this document CRM-M-9067-2025 -2- 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. 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. 4. 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 466 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.79 dated 25.07.2021 under Sections 323/342/149 of IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Bholath District Kapurthala (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 09.07.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.07.11 12:17 I attest to the accuracy and integrity of this document