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2025 DAILYLAW 35964 (PNJ)

DIDAR SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/16987/2025 · 2025-05-12

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 346 DIDAR SINGH AND ANOTHER STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Mr. Vivek Sharma, A.A.G., Punjab. Mr. Ravikant Berwal, Advocate for respondent No.2. MANISHA BATRA 1. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS proceedings arising therefrom, on the basis of compromise dated 10.03.2025 (Annexure P-2). 2 . This Court vide order dated 28.03.2025 had directed the parties to appear before the trial Court to get their statements 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 Judicial Magistrate 1 recorded. On the basis of the statements so recorded, learned submitted report dated 16.04.2025 to the effect that the compromise has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: DIDAR SINGH AND ANOTHER Versus STATE OF PUNJAB AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Bhupinder Singh Kudra, Advocate for the petitioner Mr. Vivek Sharma, A.A.G., Punjab. Mr. Ravikant Berwal, Advocate for respondent No.2. **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali and all the subsequent proceedings arising therefrom, on the basis of compromise dated 10.03.2025 2). This Court vide order dated 28.03.2025 had directed the parties to appear before the trial Court to get their statements 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, S.A.S. Nagar and got their statements ecorded. On the basis of the statements so recorded, learned submitted report dated 16.04.2025 to the effect that the compromise has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.16987 of 2025 Date of decision: 12.05.2025 …. Petitioners …. Respondents MANISHA BATRA , Advocate for the petitioners. Mr. Vivek Sharma, A.A.G., Punjab. Mr. Ravikant Berwal, Advocate for respondent No.2. The present petition has been filed under Section 528 of Bharatiya ‘BNSS’) for quashing of FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Nagar, Mohali and all the subsequent proceedings arising therefrom, on the basis of compromise dated 10.03.2025 This Court vide order dated 28.03.2025 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 , S.A.S. Nagar and got their statements ecorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 16.04.2025 to the effect that the compromise has been Bharatiya for quashing of FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Nagar, Mohali and all the subsequent proceedings arising therefrom, on the basis of compromise dated 10.03.2025 This Court vide order dated 28.03.2025 had directed the parties to 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 , S.A.S. Nagar and got their statements has submitted report dated 16.04.2025 to the effect that the compromise has been Jyoti 2025.05.12 17:41 I attest to the accuracy and integrity of this document CRM effected between the parties voluntarily and without any coercion or undue influence. 4. Learned Stat 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. Fo this Court in another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of Punjab and other this petition is allowed and FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the basis of compromise dated 10.03.2025 (Annexure P petitioners. 12.05.2025 Jyoti-IV CRM-M No.16987 of 2025 effected between the parties voluntarily and without any coercion or undue Learned State counsel as well as counsel for respondent No.2 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 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 other this petition is allowed and FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the promise dated 10.03.2025 (Annexure P (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.16987 of 2025 -2- effected between the parties voluntarily and without any coercion or undue e counsel as well as counsel for respondent No.2 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. llowing 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, this petition is allowed and FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the promise dated 10.03.2025 (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 e counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to llowing 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 , this petition is allowed and FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the 2) are quashed qua the Jyoti 2025.05.12 17:41 I attest to the accuracy and integrity of this document