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2025 DAILYLAW 41727 (PNJ)

HARWINDER SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/18451/2025 · 2025-05-07

Sanjiv Berry

body2025

Judgment text

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356 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18451-2025 Date of decision: 07.05.2025 HARWINDER SINGH AND OTHERS ...PETITIONERS VERSUS STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present: - Mr. Sandeep Kumar, Advocate for the petitioners. Mr. K.D. Sachdeva, DAG, Punjab. Ms. Kirandeep Kaur, Advocate for respondent No.2. SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 15.05.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No. Dated Sections Police Station 42 02.04.2024 420, 120-B of IPC Baghapurana, District Moga. 2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise/affidavit 15.05.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. Learned Sub Divisional Judicial Magistrate, Baghapurana, vide report dated 30.04.2025 has apprised this Court that the compromise arrived KANIKA 2025.05.09 12:40 I attest to the accuracy and authenticity of this order/judgment 356 CRM-M-18451-2025 2 at between the parties is genuine and without any pressure. 3. Learned counsel for respondent No.2 does not oppose the compromise having been effected between the parties. 4. In view of the report of the learned Sub Divisional Judicial Magistrate, Baghapurana, and in view of the decision of the Hon'ble Supreme Court in “Gian Singh Vs. State of Punjab and another”, 2012(4) RCR (Criminal) 543 and “Narinder Singh and Others Vs. State of Punjab and Another”, (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the respondents have themselves compromised the dispute with the petitioners/ accused persons. 5. In the circumstances, the present petition is allowed. FIR No. 42 dated 02.04.2024 under Sections 420, 120-B of IPC, registered at Police Station Baghapurana, District Moga, and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. 07.05.2025 (SANJIV BERRY) kanika JUDGE i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.05.09 12:40 I attest to the accuracy and authenticity of this order/judgment