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2025 DAILYLAW 30816 (PNJ)

BANTY KUMAR AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/11977/2025 · 2025-04-28

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 309 BANTY KUMAR AND OTHERS STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Himani Arora, A.A.G, Punjab Mr. Paritosh Vaid, Advocate for respondents No.2 to 4. MANISHA BATRA 1. The present petition has been for 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 09.12.2023 (Annexure P-2). 2 . This Court vide order dated 05.03.2025 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. Pursua learned Judicial Magistrate 1 recorded. On the basis of the statements so recorded, learned submitted report dated 19.04.2025 to the effect IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: BANTY KUMAR AND OTHERS Versus STATE OF PUNJAB AND OTHERS HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Sourabh Singla, Advocate for the petitioner Ms. Himani Arora, A.A.G, Punjab Mr. Paritosh Vaid, Advocate for respondents No.2 to 4. **** MANISHA BATRA, J. (oral) The present petition has been for 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 09.12.2023 2). This Court vide order dated 05.03.2025 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 Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Samana and got their statements recorded. On the basis of the statements so recorded, learned submitted report dated 19.04.2025 to the effect IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.11977 of 2025 Date of decision: 28.04.2025 …. Petitioners Versus …. Respondents MANISHA BATRA , Advocate for the petitioners. Ms. Himani Arora, A.A.G, Punjab. Mr. Paritosh Vaid, Advocate for respondents No.2 to 4. The present petition has been for quashing of FIR No.398 dated 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 09.12.2023 This Court vide order dated 05.03.2025 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 nt to the aforesaid order, parties have appeared before the , Samana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 19.04.2025 to the effect that the compromise has been quashing of FIR No.398 dated 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 09.12.2023 This Court vide order dated 05.03.2025 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 nt to the aforesaid order, parties have appeared before the , Samana and got their statements has that the compromise has been Jyoti 2025.04.29 09:35 I attest to the accuracy and integrity of this document CRM effected between the parties voluntarily and without any coercion or undue influence. 4. Status report filed on behalf of respondent record. 5. Learned State counsel as well as counsel for respondents No. 4 have not disputed the factum of compromise between the parties. 6. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 7. Following the principles laid down by the Fu this Court in another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 09.12.2023 (Annexure petitioners. 28.04.2025 Jyoti-IV CRM-M No.11977 of 2025 effected between the parties voluntarily and without any coercion or undue Status report filed on behalf of respondent Learned State counsel as well as counsel for respondents No. 4 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Fu 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 Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and FIR No.398 dated 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 09.12.2023 (Annexure (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No -2- effected between the parties voluntarily and without any coercion or undue Status report filed on behalf of respondent-State is taken on Learned State counsel as well as counsel for respondents No.2 to 4 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, allowed and FIR No.398 dated 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 09.12.2023 (Annexure P-2) are quashed qua the (MANISHA BATRA) JUDGE Yes/No. Yes/No effected between the parties voluntarily and without any coercion or undue State is taken on 2 to In view of the above, no useful purpose would be served to ll Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme , allowed and FIR No.398 dated 29.11.2020 registered under Sections 458, 323, 341, 506, 427, 148 and 149 of IPC at Police Station Patran, District Patiala and all subsequent proceedings arising therefrom on the basis 2) are quashed qua the Jyoti 2025.04.29 09:35 I attest to the accuracy and integrity of this document