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2025 DAILYLAW 29069 (PNJ)

MALKEET SINGH @ MALKIT SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/11663/2025 · 2025-04-04

Harpreet Singh Brar

Public Interest Litigationbody2025

Judgment text

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242 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11663-2025 Date of decision: 04.04.2025 Malkeet Singh @ Malkit Singh and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Ramandeep Kaur, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Mr. Rajesh Kapila, Advocate for respondents No.2 to 4. HARPREET SINGH BRAR, J. (ORAL) 1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of G.D. No.24 dated 25.05.2024 under Sections 323/325/148/149 of IPC registered at Police Station Dorangla District Gurdaspur (Annexure P-2) in FIR No.25 dated 14.05.2024 under Sections 323/324/452/148/149 of IPC registered at Police Station Dorangla, District Gurdaspur (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 18.12.2024 (Annexure P-3) . 2. On 04.03.2025, the following order was passed:- “This petition has been filed under Section 528 BNSS, 2023 seeking quashing of GD No.24 dated 25.05.2024 registered under Sections 323/325/148/149 IPC at Police Station Dorangla, District Gurdaspur (Annexure P-2) in case bearing FIR No.25 dated 14.05.2024 under Sections 323/324/452/148/149 of IPC registered at Police Station Dorangla, District Gurdaspur (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 18.12.2024 (Annexure P-3). Notice of motion. At this stage, on the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1- State. Copy of the paper book be supplied to him during the course of day. Adjourned to 04.04.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or Neha 2025.04.04 17:46 I attest to the accuracy and integrity of this document CRM-M-11663-2025 -2- 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. Counsel for the petitioners is directed to ensure the presence of respondent Nos.2 to 4, at the time of recording the statement. 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 G.D. No.24 dated 25.05.2024 under Sections 323/325/148/149 of IPC registered at Police Station Dorangla District Gurdaspur (Annexure P-2) in FIR No.25 dated 14.05.2024 under Sections 323/324/452/148/149 of IPC registered at Police Station Dorangla, District Gurdaspur (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 04.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.04 17:46 I attest to the accuracy and integrity of this document