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2025 DAILYLAW 41874 (PNJ)

BALJIT SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/18145/2025 · 2025-05-05

Harpreet Singh Brar

body2025

Judgment text

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278 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-18145-2025 (O&M) Date of Decision: 05.05.2025 BALJIT SINGH AND OTHERS …Petitioners V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Manoj R. Sharma, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Mr. Harmilonjot, Advocate for Mr. Sandeep Sharma, Advocate for respondents No. 2 to 4. **** HARPREET SINGH BRAR J. (Oral) 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of FIR No. 47 dated 16.08.2024 registered under Sections 118(1), 115(2), 191(3) and 190 of Bhartiya Nagrik Suraksha Sanhita, 2023 at Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising out of the same, on the basis of compromise dated 17.03.2025 (Annexure P-3). 2. The following order was passed on 05.04.2025: “Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of FIR No. 47 dated 16.08.2024 registered under Sections 118(1), 115(2), 191(3) and 190 of Bhartiya Nagrik Suraksha Sanhita, 2023 at Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising out of the same, on the basis of compromise dated 17.03.2025 (Annexure P-3). Notice of motion. Mr. Nitesh Sharma, DAG Punjab, who is present in the Court, accepts notice on behalf of respondent No. 1-State and Mr. Sandeep Sharma, Advocate has put in appearance on behalf of respondent Nos. 2 to 4 and filed power of attorney. Same is taken on record. Learned counsel for respondent Nos. 2 to 4 admits the factum of compromise. AJAY GOSWAMI 2025.05.06 17:32 I attest to the accuracy and integrity of this document CRM-M-18145-2025 (O&M) -2- Service is complete. Adjourned to 05.05.2025. In the meantime, parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 05.05.2025. A copy of this 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. 47 dated 16.08.2024 registered under Sections 118(1), 115(2), 191(3) and 190 of Bhartiya Nagrik Suraksha Sanhita, 2023 at Police Station Bhaini Mian Khan, District Gurdaspur along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 05.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.06 17:32 I attest to the accuracy and integrity of this document