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2025 DAILYLAW 28049 (PNJ)

SUMIT KAPOOR ALIAS SANDY v. STATE OF PUNJAB AND ANOTHER

CRM-M/10895/2024 · 2025-07-07

Harpreet Singh Brar

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Judgment text

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214(2) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-10895-2024 (O&M) Date of Decision: 07.07.2025 SUMIT KAPOOR ALIAS SANDY …Petitioner V/S STATE OF PUNJAB AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Arpan Sabharwal, Advocate for the petitioner. Mr. Rishabh Singla, AAG Punjab. Mr. Rahul Garg, Advocate for respondent No. 2. **** HARPREET SINGH BRAR J. (Oral) 1. The petitioner has filed the present petition seeking quashing of FIR No.0167 dated 05.05.2018, under Sections 323, 341, 506, 148 and 149 of IPC, registered at Police Station Model Town, District Police Commissionerate, Ludhiana and all other proceedings arising therefrom on the basis of the compromise dated 03.01.2024 (Annexure P-2). 2. The following order was passed on 05.03.2024: “The petitioner has filed the present petition seeking quashing of FIR No.0167 dated 05.05.2018, under Sections 323, 341, 506, 148 and 149 of IPC, registered at Police Station Model Town, District Police Commissionerate, Ludhiana and all other proceedings arising therefrom on the basis of the compromise dated 03.01.2024 (Annexure P-2). Notice of motion. On asking of the Court, Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of respondent No.1 and Mr. Rahul Garg, Advocate, accepts notice on behalf of respondent No.2 and filed his vakalatnama, which is taken on record and has not denied the factum of compromise effected between the parties. Adjourned to 04.04.2024. In the meanwhile, both the parties are directed to appear before the concerned Illaqa/Duty Magistrate on 12.03.2024 AJAY GOSWAMI 2025.07.08 19:06 I attest to the accuracy and integrity of this document CRM-M-10895-2024 (O&M) -2- or any other date, as the Court below may decide or fix, for recording their statements, who shall record their respective statements with regard to the genuineness/correctness of the compromise and that the compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. It would also be verified that besides the accused (petitioner) mentioned in the petition, there is no other accused in the FIR and the parties are not involved or declared proclaimed offender in any other criminal case. The Illaqa Magistrate/Duty Magistrate shall send his report through learned Sessions Judge concerned on or before the date fixed before this Court.” 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.0167 dated 05.05.2018, under Sections 323, 341, 506, 148 and 149 of IPC, registered at Police Station Model Town, District Police Commissionerate, Ludhiana along with all subsequent proceedings arising therefrom are quashed, qua the petitioner. (HARPREET SINGH BRAR) 07.07.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.07.08 19:06 I attest to the accuracy and integrity of this document