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2025 DAILYLAW 38880 (PNJ)

PIRTHI RAM (MEMBER) ALIAS PIRTHI RAJ AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/16883/2025 · 2025-04-28

Harpreet Singh Brar

body2025

Judgment text

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297 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-16883-2025 (O&M) Date of Decision: 28.04.2025 PIRTHI RAM (MEMBER) ALIAS PIRTHI RAJ AND OTHERS …Petitioners V/S STATE OF PUNJAB AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rhythem Bajaj, Advocate for the petitioners. Mr. Nitesh Sharma, DAG Punjab. Ms. Neha Randhawa, Advocate for Mr. Tushar Sharma, 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.13 dated 04.02.2025 registered under Sections 115(2), 296, 3(5) of BNS, 2023 and Section 3(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Khuhi Khera, District Fazilka, on the basis of compromise dated 19.03.2025 along with all consequential proceedings arising therefrom. 2. The following order was passed on 27.03.2025: “This petition has been filed under Section 528 BNSS seeking quashing of FIR No.13 dated 04.02.2025 registered under Sections 115(2), 296, 3(5) of BNS, 2023 and Section 3(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Khuhi Khera, District Fazilka, on the basis of compromise dated 19.03.2025 along with all consequential proceedings arising therefrom. Notice of motion for 28.04.2025. At this stage, on asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1 – State and Mr. Tushar Sharma, Advocate accepts notice on behalf of respondent No.2 and files Vakalatnama, which is taken on record. Copy of the paper book be supplied to them during the course of day. Service is complete. AJAY GOSWAMI 2025.04.29 18:14 I attest to the accuracy and integrity of this document CRM-M-16883-2025 (O&M) -2- 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. 28.04.2025. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. 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.13 dated 04.02.2025 registered under Sections 115(2), 296, 3(5) of BNS, 2023 and Section 3(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Khuhi Khera, District Fazilka along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 28.04.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.04.29 18:14 I attest to the accuracy and integrity of this document