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2025 DAILYLAW 34933 (PNJ)

HEERA LAL v. STATE OF PUNJAB AND ANOTHER

CRM-M/14851/2025 · 2025-05-08

Manisha Batra

body2025

Judgment text

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CRM-M-14851-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 335 CRM-M-14851-2025(O&M) Date of Decision: 08.05.2025 HEERA LAL ....Petitioner VERSUS STATE OF PUNJAB AND ANOTHER ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Sukhbir Maandi, Advocate for the petitioner. Mr. Vivek Sharma, AAG, Punjab. Ms. Amarjeet Kaur, Advocate for respondent no.2. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.46 dated 22.05.2024 under Sections 406 of IPC registered at Police Station Sadar Patti, District Tarn Taran and all the subsequent proceedings arising therefrom, on the basis of compromise dated 14.08.2024 (Annexure P-2). 2 . This Court vide order dated 19.03.2025 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. Pursuant to the aforesaid order, parties have appeared before the learned Sub-Divisional Judicial Magistrate, Patti and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 22.04.2025 to the effect that the compromise has Deepak Patwal 2025.05.09 16:39 I attest to the accuracy and integrity of this document CRM-M-14851-2025(O&M) 2 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 have 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 FIR No.46 dated 22.05.2024 under Sections 406 of IPC registered at Police Station Sadar Patti, District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 14.08.2024 (Annexure P-2) are quashed qua the petitioner. ( MANISHA BATRA ) 08.05.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No Deepak Patwal 2025.05.09 16:39 I attest to the accuracy and integrity of this document