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2025 DAILYLAW 29065 (PNJ)

SURJIT SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/10881/2025 · 2025-09-25

Subhas Mehla

body2025

Judgment text

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CRM-M-10881-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208 CRM-M-10881-2025 Date of Decision : 25.09.2025 SURJIT SINGH AND ANOTHER …. PETITIONERS V/S STATE OF PUNJAB AND ANOTHER …. RESPONDENTS CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present : Mr.Sameer Vats, Advocate and Mr. Manu Sachdeva, Advocate for the petitioners. Mr. Nitesh Sharma, DAG, Punjab. Mr. Sidhant Bhosle, Advocate for respondent No.2. **** SUBHAS MEHLA, J. (Oral) 1. Prayer in this petition is for quashing of FIR No.91 dated 20.09.2018 registered under Sections 406, 420 and 120B of IPC, at Police Station Banur, District Mohali and all the subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 25.02.2019 (Annexure P-2) arrived at between the parties. 2. The above stated FIR was registered on the statement of the complainant/respondent No.2. 3. Learned counsel appearing for respondent No.2 submitted that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties. 4. During the course of preliminary hearing, the trial Court/Illaqa Anju Goel 2025.09.30 13:42 I attest to the accuracy and integrity of this document Chandigarh CRM-M-10881-2025 -2- Magistrate was directed to record the statements of all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise. 5. In compliance thereof, report from the Court of Judicial Magistrate 1st Class, SAS Nagar Mohali along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. 6. Learned counsel for the petitioner(s) and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion. 7. In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law. 8. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.91 dated 20.09.2018 registered under Sections 406, 420 and 120B of IPC, at Police Station Banur, District Mohali and all the subsequent proceedings are hereby quashed qua the petitioners subject to costs of Rs.50,000/- to be deposited by the petitioners with the Punjab State Legal Services Authority-Disaster Anju Goel 2025.09.30 13:42 I attest to the accuracy and integrity of this document Chandigarh CRM-M-10881-2025 -3- Relief Fund, Account No.44426937384, IFSC Code- SBIN0014656, State Bank of India, Sector-68, SAS Nagar (Punjab). 9. Receipt regarding deposit of aforesaid cost be produced before Court concerned. It is made clear that if cost is not deposited within one month i.e. upto 25.10.2025, present petition deems to be dismissed as withdrawn. (SUBHAS MEHLA) JUDGE 25.09.2025 Anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.09.30 13:42 I attest to the accuracy and integrity of this document Chandigarh