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2025 DAILYLAW 41179 (PNJ)

SAGAR SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/17863/2025 · 2025-05-15

Manisha Batra

body2025

Judgment text

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CRM-M-17863-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 312 CRM-M-17863-2025(O&M) Date of Decision: 15.05.2025 SAGAR AND ORS ....Petitioners VERSUS STATE OF PUNJAB AND OTHERS ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Kanwaljeet Singh Derabassi, Advocate for the petitioners. Mr. Vivek Sharma, AAG, Punjab. Mr. Sarabjeet Singh, Advocate for respondents no. 2 to 6. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0223 dated 05.07.2021 under Sections 452, 323, 341, 506, 427, 34 of IPC (Section 201 of IPC added later on) in General Diary No.031 dated 02.07.2021 registered at Police Station Dera Bassi, District SAS Nagar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2025 (Annexure P-2). 2 . This Court vide order dated 01.04.2025 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 Judicial Magistrate First Class, Dera Bassi and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 14.05.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Deepak Patwal 2025.05.16 09:02 I attest to the accuracy and integrity of this document CRM-M-17863-2025(O&M) 2 4. Learned State counsel as well as counsel for respondent No.2 to 6 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 quashing of FIR No.0223 dated 05.07.2021 under Sections 452, 323, 341, 506, 427, 34 of IPC (Section 201 of IPC added later on) in General Diary No.031 dated 02.07.2021 registered at Police Station Dera Bassi, District SAS Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 05.02.2025 (Annexure P-2) are quashed qua the petitioners. ( MANISHA BATRA ) 15.05.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No Deepak Patwal 2025.05.16 09:02 I attest to the accuracy and integrity of this document