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2025 DAILYLAW 29256 (PNJ)

HAPPY SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/11563/2025 · 2025-05-27

H S Grewal

body2025

Judgment text

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CRM-M-11563-2025(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 262 CRM-M-11563-2025(O&M) Date of decision : 27.05.2025 Happy Singh and another ... Petitioners Versus State of Punjab and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. G. S. Aulakh, Advocate for Mr. M. S. Rai, Advocate, for the petitioners. Mr. H. S. Wadhwa, DAG, Punjab. Mr. R. S. Gill, Advocate, for Mr. J. S. Dhaliwal, Advocate, for respondent No.2. *** H.S. GREWAL, J.(Oral) CRM-9550-2025 This is an application under Section 528 of BNSS, 2023 for placing on record the documents i.e. Original Compromise Deed as Annexure P-8 and Affidavit of Complainant as Annexure P-9. Application is allowed subject to all just exceptions. Documents Annexures P-8 and P-9 are taken on record. Main Case The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing of DDR No.18 dated 07.05.2020 under Sections 325, 323, 188, 269, 34 IPC, 1860 registered at Police Station City Malout, District Sri Muktsar Sahib, Punjab (in the matter of FIR No.120 dated 10.05.2020 under Sections 323, 188, 269, 201, ANIL KUMAR 2025.05.30 09:54 I attest to the accuracy and integrity of this document CRM-M-11563-2025(O&M) -2- 34, 451 IPC 1860 registered at Police Station City Malout, District Sri Muktsar Sahib, Punjab) along with all subsequent proceedings arising therefrom as per compromise dated 16.09.2024 (Annexure P-3). 2. This Court vide order dated 07.04.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional Judicial Magistrate, Malout, and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 05.05.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 has not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and DDR No.18 dated 07.05.2020 under Sections 325, 323, 188, 269, 34 IPC, 1860 registered at Police Station City Malout, District Sri Muktsar Sahib, Punjab (in the matter of FIR No.120 dated ANIL KUMAR 2025.05.30 09:54 I attest to the accuracy and integrity of this document CRM-M-11563-2025(O&M) -3- 10.05.2020 under Sections 323, 188, 269, 201, 34, 451 IPC 1860 registered at Police Station City Malout, District Sri, Muktsar Sahib, Punjab) and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.09.2024 (Annexure P-3) are quashed qua the petitioners. (H.S.GREWAL) JUDGE 27.05.2025 anil Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ANIL KUMAR 2025.05.30 09:54 I attest to the accuracy and integrity of this document