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2025 DAILYLAW 4232 (PNJ)

TARA CHAND AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/52082/2025 · 2026-01-27

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-52082-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 266-A CRM-M-52082-2025 Date of decision: 27.01.2026 TARA CHAND AND OTHERS .... PETITIONER(S) VERSUS STATE OF PUNJAB AND ANOTHER ...RESPONDENT(S) CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Jagdish Singh Mahal, Advocate for the petitioners. Ms. Navreet Kaur Barnala, AAG, Punjab. Ms. Arti, Advocate for respondent No.2. **** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition under Section 528 of BNSS, 2023 is for quashing of an FIR No.05 dated 23.01.2025 registered under Sections 498-A, 406 and 34 of IPC (Annexure P-1) at Police Station Tibber, District Gurdaspur along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioners and respondent No.2. Vide order dated 16.09.2025 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 22.08.2025 (Annexure P-2). The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the order dated 16.09.2025 passed by this Court, the parties have appeared before the learned Additional Chief Judicial Magistrate Gurdaspur and as per the report dated 17.10.2025 submitted to KUSUM 2026.01.27 17:25 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-52082-2025 2 this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complaint coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in “Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543”. In view of the aforesaid report of the learned Additional Chief Judicial Magistrate Gurdaspur accompanied by statements of both the parties, the FIR No.05 dated 23.01.2025 registered under Sections 498-A, 406 and 34 of IPC (Annexure P-1) at Police Station Tibber, District Gurdaspur along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners. Petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 27.01.2026 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2026.01.27 17:25 I attest to the accuracy and integrity of this document PHHC Chandigarh