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2025 DAILYLAW 39016 (PNJ)

PARAMJIT SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRM-M/16809/2025 · 2025-07-08

Amarjot Bhatti

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Judgment text

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CRM-M-16809-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 253 CRM-M-16809-2025 Date of decision : 08.07.2025 Paramjit Singh and Anr. ...... Petitioners V/S State of Punjab and Ors. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Shashikant Singh, Advocate for petitioners. Mr. Malkit Singh, DAG, Punjab. Mr. Lakhwinder Singh Mann, Advocate for respondents No.2 to 4. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners – Paramjit Singh and Jaspal Singh @ Jaspal have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.121 dated 16.05.2022 (Annexure P-1), registered under Sections 323, 354, 325, 341, 34 of IPC 1860 (Section 201 of IPC was added later on), at Police Station Shahkot, District Jalandhar Rural and all the subsequent proceedings arising therefrom, qua the petitioners, in light of the compromise effected between the parties dated 22.03.2025 (Annexure P-2). 2. As per facts of the case, complainant Veer Singh gave his statement that on 09.05.2022 at about 5:30 PM he was going on his motorcycle along with his daughter-in-law Baljit Kaur and granddaughter Jasmine Kaur for getting medicine from village Bahmanian. When he reached near the fields of Sharanjit Singh somebody stopped his XYLO car bearing registration No.PB-08-BM-1038 SUNIL DEVI 2025.07.11 10:52 I attest to the accuracy and integrity of this document CRM-M-16809-2025 -2- before his motorcycle and from the said car Paramjit Singh, Jaspal Singh and two unknown persons came out and caught hold of him. Paramjit Singh gave datar blow which hit on his left hand. He fell down. His daughter-in-law and granddaughter tried to save him. The aforesaid persons caused them internal injuries. They also torn their clothes to insult them. His son Harvinder Singh admitted him to Civil Hospital Shahkot. With these allegations, present FIR has been registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 27.03.2025, petitioners and respondents No.2 to 4 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the court of Judicial Magistrate Ist Class, Nakodar dated 12.05.2025. Joint statement of respondents No.2 to 4 has been recorded where they confirmed the compromise with petitioners. They confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and they have no objection regarding quashing of FIR. Learned counsel representing State has filed status report, which is taken on record. 4. Petitioners- Paramjit Singh and Jaspal Singh @ Jaspal also confirmed this fact in their joint statement. Statement of ASI Sukhwinder Singh is also recorded who confirmed that petitioners are not involved or declared as proclaimed offenders in any other criminal case. 5. Therefore, from the report of Judicial Magistrate Ist Class, Nakodar it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. SUNIL DEVI 2025.07.11 10:52 I attest to the accuracy and integrity of this document CRM-M-16809-2025 -3- Both the parties are residents of same village, it would enable them to live in peace and harmony. They have mutually settled all their disputes. It will end all litigation started between them. No purpose would be served with the continuation of criminal proceedings. 6. Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the section itself i.e. to prevent abuse of the process of any court or to secure the ends of justice.’ 7. Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering these facts, the petition filed by the petitioners is accepted and FIR No.121 dated 16.05.2022 (Annexure P-1), registered under Sections 323, 354, 325, 341, 34 of IPC 1860 (Section 201 of IPC was added later on), at Police Station Shahkot, District Jalandhar Rural and all subsequent proceedings arisen therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 08.07.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SUNIL DEVI 2025.07.11 10:52 I attest to the accuracy and integrity of this document