GURMAIL SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/11106/2025 · 2025-08-26
Jasjit Singh Bedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29689 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29689 (PNJ) · dailylaw.ai ]
Judgment text
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284 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-11106-2025
Date of decision :26.08.2025 GURMAIL SINGH AND OTHERS ... Petitioners Versus STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Avinan Chawla, Advocate and Mr. Ravinav Chawla, Advocate for the petitioners. Mr. M.S. Toor, A.A.G., Punjab. Mr. Gaurav, Advocate for Mr. Sanjeev Goyal, Advocate for respondent No.2. **** JASJIT SINGH BEDI, J. (ORAL) The prayer in this petition is for quashing of an FIR No.0137 dated 01.11.2022 registered under Sections 341, 323, 148, 149 IPC (Sections 365, 307, 379-B, 427, 201 IPC added later on) at Police Station Longowal, District Sangrur along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties. Vide order dated 03.04.2025 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 20.02.2025 (P-5). The Illaqa Magistrate/trial Court was to submit a report in this aforesaid regard giving certain details as enumerated in the said order. JITESH LAL 2025.08.27 11:12 I attest to the accuracy and integrity of this document
CRM-M-11106-2025 -2- Pursuant to the order dated 03.04.2025 passed by this Court, the parties have appeared before the learned Addl. District and Sessions Judge, Sangrur and as per the report dated 15.04.2025 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in “Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543”.
In addition, the Hon'ble Supreme Court in Narinder Singh and Others vs State of Punjab and Another, 2014 (2) RCR (Criminal) 482, and State of Madhya Pradesh vs Laxmi Narayan and Others
, 2019(2) RCR (Criminal) 255, have categorized those cases where quashing on the basis of compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical evidence and examine the same to see as to whether the conviction under Section 307 of the IPC was possible or not. Thus, mere registration of an FIR under Section 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed. JITESH LAL 2025.08.27 11:12 I attest to the accuracy and integrity of this document
CRM-M-11106-2025 -3- In the present case, there is no injury with a firearm. Therefore it is extremely unlikely that a conviction could be recorded under Section 307 IPC. In view of the aforesaid report of the learned Addl. District and Sessions Judge, Sangrur accompanied by statements of both the parties, the FIR No.0137 dated 01.11.2022 registered under Sections 341, 323, 148, 149 IPC (Sections 365, 307, 379-B, 427, 201 IPC added later on) at Police Station Longowal, District Sangrur along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 26.08.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.08.27 11:12 I attest to the accuracy and integrity of this document