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2025 DAILYLAW 30360 (PNJ)

MOEEN KHAN AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/17774/2025 · 2025-05-21

N S Shekhawat

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Judgment text

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CRM-M-17774-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 296 CRM-M-17774-2025 Date of Decision: 21.05.2025 MOEEN KHAN AND OTHERS ...PETITIONERS Versus STATE OF PUNJAB AND ANOTHER ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Shehbaz Thind, Advocate for the petitioners (through V.C.) Mr. M.S. Bajwa, DAG, Punjab. Mr. Tej Kanwar Choudhary, Advocate for Mr. Nippun Sharma, Advocate for respondent No.2. (through V.C.) **** N. S. SHEKHAWAT , J. (Oral) 1. The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of an FIR No.71 dated 19.06.2024 under Sections 307, 323, 325, 341, 148, 149, 506, 34 of IPC, (Section 307 of IPC was deleted on 28.10.2024) registered at Police Station Sarabha Nagar, District Police Commissionerate Ludhiana (Annexure P-1) alongwith all the VIPIN KUMAR 2025.05.22 23:17 I attest to the accuracy and integrity of this judgment/order CRM-M-17774-2025 consequential proceedings arising therefrom on the basis of compromise/affidavit dated 29.08.2024 (Annexure P-2). 2. Vide order dated 02.04.2025, while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 29.08.2024 (Annexure P-2). 3. Pursuant to aforesaid order, the parties have appeared before the learned Chief Judicial Magistrate 1st Class Ludhiana, and got their statements recorded. Report dated 24.04.2025 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. 4. I have heard counsel for the parties and gone through the case file. 5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners. VIPIN KUMAR 2025.05.22 23:17 I attest to the accuracy and integrity of this judgment/order CRM-M-17774-2025 6. Resultantly, FIR No.71 dated 19.06.2024 under Sections 307, 323, 325, 341, 148, 149, 506, 34 of IPC, (Section 307 of IPC was deleted on 28.10.2024) registered at Police Station Sarabha Nagar, District Police Commissionerate Ludhiana (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. 21.05.2025 (N. S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.22 23:17 I attest to the accuracy and integrity of this judgment/order