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2025 DAILYLAW 30168 (PNJ)

RAJINDER KUMAR AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/17296/2025 · 2025-05-27

Harpreet Singh Brar

body2025

Judgment text

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249 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-17296-2025 (O&M) Date of Decision: 27.05.2025 RAJINDER KUMAR AND OTHERS …Petitioners V/S STATE OF PUNJAB AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ashish Kumar, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Ms. Apurva Walia, Advocate for respondent No.2. **** HARPREET SINGH BRAR J. (Oral) 1. This petition has been filed under Section 528 BNSS seeking quashing of FIR No.174 dated 31.08.2021 registered under Sections 323, 451, 427, 506, 34 IPC registered at Police Station Dasuya, District Hoshiarpur (Annexure P-1) on the basis of compromise dated 28.06.2024 (Annexure P-2) along with all subsequent proceedings arising therefrom. 2. The following order was passed on 01.04.2025: “This petition has been filed under Section 528 BNSS seeking quashing of FIR No.174 dated 31.08.2021 registered under Sections 323, 451, 427, 506, 34 IPC at Police Station Dasuya, District Hoshiarpur, on the basis of compromise dated 28.06.2024 along with all subsequent proceedings arising therefrom. Notice of motion for 02.05.2025. At this stage, on 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. MOHIT 2025.05.29 09:49 I attest to the accuracy and integrity of this document CRM-M-17296-2025 (O&M) -2- Learned counsel for the petitioners undertake to secure the presence of respondent No.2 before the learned trial Court at the time of recording the statement of the parties. 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 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 i.e. 02.05.2025. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. Thereafter, on 02.05.2025, the parties were again directed to appear before the jurisdictional/Illaqa Magistrate within a period of two weeks. 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 FIR No.174 dated 31.08.2021 registered under Sections 323, 451, 427, 506, 34 IPC registered at Police Station Dasuya, District Hoshiarpur (Annexure P-1) on the basis of compromise dated 28.06.2024 (Annexure P-2) along with all subsequent proceedings MOHIT 2025.05.29 09:49 I attest to the accuracy and integrity of this document CRM-M-17296-2025 (O&M) -3- arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 27.05.2025 JUDGE shruti Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT 2025.05.29 09:49 I attest to the accuracy and integrity of this document