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2025 DAILYLAW 28487 (PNJ)

GURPREET SINGH ALIAS PREET AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/10764/2025 · 2025-03-27

Harpreet Singh Brar

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Judgment text

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CRM-M-10764-2025 (O&M) 1 278 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-10764-2025 (O&M) Date of Decision: 27.03.2025 GURPREET SINGH @ PREET AND OTHERS ...PETITIONERS Versus STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sukhbir Maandi, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Mr. Harvinder Singh, Advocate for Ms. Amarjeet Kaur, Advocate for respondent No. 2. *** Harpreet Singh Brar, J. (Oral) 1. This 3rd petition has been filed under Section 528 BNSS seeking quashing of FIR No.47 dated 07.03.2024 registered under Sections 323, 325, 452, 427, 34 IPC at Police Station Jandiala, District Amritsar (Rural), on the basis of compromise dated 26.04.2024, along with all subsequent proceedings arising therefrom. 2. The following order was passed on 27.02.2025: “This 3rd petition has been filed under Section 528 BNSS seeking quashing of FIR No.47 dated 07.03.2024 re- gistered under Sections 323, 325, 452, 427, 34 IPC at Police Station Jandiala, District Amritsar (Rural), on the basis of com- promise dated 26.04.2024, along with all subsequent proceed- ings arising therefrom. The first petition was dismissed as withdrawn on 16.10.2024 with liberty to file afresh petition with better particu- lars and to deposit the costs of Rs.5,000/- as per order dated 31.07.2024. Thereafter, the second petition was filed, which was also dismissed as withdrawn on 28.01.2025 with liberty to file fresh petition after complying with the directions issued by this AJAY GOSWAMI 2025.03.28 10:41 I attest to the accuracy and integrity of this document CRM-M-10764-2025 (O&M) 2 Court vide order dated 16.10.2024 passed in CRM-M-35961- 2024. Learned counsel for the petitioners submits that the costs as imposed by this Court vide order dated 16.10.2024, has been deposited. Notice of motion for 27.03.2025. At this stage, on asking of the Court, Mr. Sandeep Kumar, DAG, Punjab accepts notice on behalf of respondent No.1 – State and Ms. Amarjeet Kaur, Advocate accepts notice on behalf of respondent No.2 and files Vakalatnama, which is taken on record. 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 regard- ing 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 be- fore the date fixed i.e. 27.03.2025. A copy of the order be sent to learned trial Court/Il- laqa 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. Kaush- alya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kul- winder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.47 dated 07.03.2024 registered under Sections 323, 325, AJAY GOSWAMI 2025.03.28 10:41 I attest to the accuracy and integrity of this document CRM-M-10764-2025 (O&M) 3 452, 427, 34 IPC at Police Station Jandiala, District Amritsar (Rural) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 27.03.2025 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.03.28 10:41 I attest to the accuracy and integrity of this document