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2025 DAILYLAW 43239 (PNJ)

GURWINDER SINGH ALIAS GINDER AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/19965/2025 · 2025-05-26

Manisha Batra

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 284 GURWINDER SINGH ALIAS GINDER AND OTHERS STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr (through video conference). Ms. Pooja Nayar Sharma, D.A.G., Punjab. Mr. Ajay Kumar, Advocate for respondent No.2. MANISHA BATRA 1. The present petition has been for quashing of FIR No.2 dated 05.01.2025, registered under Sections 125, 3(5) and 351(2) Nyaya Sanhita, 2023 (for short Police Station Sadar Patti, District Tarn Taran and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.01.2025 (Annexure P-2). 2 . This Court vide order dated 21.04.2025 had direc 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. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: GURWINDER SINGH ALIAS GINDER AND OTHERS Versus STATE OF PUNJAB AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Prince Sharma, Advocate for the (through video conference). Ms. Pooja Nayar Sharma, D.A.G., Punjab. Mr. Ajay Kumar, Advocate for respondent No.2. **** MANISHA BATRA, J. (oral) The present petition has been for quashing of FIR No.2 dated 05.01.2025, registered under Sections 125, 3(5) and 351(2) Nyaya Sanhita, 2023 (for short-‘BNS’) and Sections 25 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.01.2025 2). This Court vide order dated 21.04.2025 had direc 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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.19965 of 2025 Date of decision: 26.05.2025 GURWINDER SINGH ALIAS GINDER AND OTHERS …. Petitioners …. Respondents MANISHA BATRA , Advocate for the petitioners Ms. Pooja Nayar Sharma, D.A.G., Punjab. Mr. Ajay Kumar, Advocate for respondent No.2. The present petition has been for quashing of FIR No.2 dated 05.01.2025, registered under Sections 125, 3(5) and 351(2) of Bharatiya and Sections 25 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.01.2025 This Court vide order dated 21.04.2025 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 The present petition has been for quashing of FIR No.2 dated of Bharatiya and Sections 25 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.01.2025 ted 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 Jyoti 2025.05.27 10:22 I attest to the accuracy and integrity of this document CRM 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.05.2025 to the effect that the compromise has been effected between the parties voluntar 4. Learned State counsel as well as counsel for respondent No.2 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 another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and FIR No.2 dated 05.01.2025, registered under Sections 125, 3(5) and 351(2) ‘BNS’) and Sections 2 District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 16.01.2025 (Annexure P petitioners. 26.05.2025 Jyoti-IV CRM-M No.19965 of 2025 Pursuant to the aforesaid order, parties have appeared before the ed Judicial Magistrate Ist Class, Patti and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.05.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to the proceedings before the trial Court in the instant FIR. 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 Ho Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and FIR No.2 dated 05.01.2025, registered under Sections 125, 3(5) and 351(2) of Bharatiya Nyaya Sanhita, 2023 (for short and Sections 25 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 16.01.2025 (Annexure P (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.19965 of 2025 -2- Pursuant to the aforesaid order, parties have appeared before the , Patti and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.05.2025 to the effect that the compromise has been effected ily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.2 dated 05.01.2025, registered under of Bharatiya Nyaya Sanhita, 2023 (for short- 5 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 16.01.2025 (Annexure P-2) are quashed qua the (MANISHA BATRA) JUDGE Yes/No. Yes/No Pursuant to the aforesaid order, parties have appeared before the , Patti and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.05.2025 to the effect that the compromise has been effected Learned State counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and n’ble Supreme , this petition is allowed and FIR No.2 dated 05.01.2025, registered under - 5 and 27 of Arms Act, at Police Station Sadar Patti, District Tarn Taran and all subsequent proceedings arising therefrom on the 2) are quashed qua the Jyoti 2025.05.27 10:22 I attest to the accuracy and integrity of this document