SAMUAL MASIH AND OTHERS v. STATE OF PUNJAB AND OTHERS
CRM-M/19381/2025 · 2025-07-17
N S Shekhawat
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43896 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43896 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-19381-2025 -1- 214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19381-2025 Date of Decision:17.07.2025 Samual Masih and others …Petitioners vs. State of Punjab and others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Ashu Rana, Advocate for Mr. Vikramjit Singh, Advocate, for the petitioners. Mr. Ravneet Singh Joshi, DAG, Punjab. Ms. Priya, Advocate for Ms. Anmol Thakur, Advocate for respondents No.2 and 3. *** N.S.Shekhawat J. (Oral)
1. The instant petition has been filed under Section 528 of B.N.S.S for quashing of FIR No. 35, dated 17.07.2017, registered under Sections 323,324,326 of IPC read with Section 34 of IPC, Police Station Dorangla, District Gurdaspur (Annexure P-1) as well as judgment of conviction and order of sentence dated 20.10.2023 passed by the Court of Judicial Magistrate Ist Class, Gurdaspur (Annexure P-2) and all subsequent proceedings arising therefrom on the basis of compromise dated 25.01.2025 (Annexure P-3). 2. Vide order dated 09.04.2025, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 25.01.2025 (Annexure P-3). 3. Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate 1st Class, Gurdaspur and got their statements recorded. HEMLATA 2025.07.18 03:48 I attest to the accuracy and integrity of this document
CRM-M-19381-2025 -2- Report dated 23.04.2025 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. 4. I have heard counsel for the parties and gone through the case file. 5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners. 6.
Resultantly, FFIR No. 35, dated 17.07.2017, registered under Sections 323,324,326 of IPC read with Section 34 of IPC, Police Station Dorangla, District Gurdaspur (Annexure P-1) as well as judgment of conviction and order of sentence dated 20.10.2023 passed by the Court of Judicial Magistrate Ist Class, Gurdaspur (Annexure P-2) and all subsequent proceedings arising therefrom on the basis of compromise dated 25.01.2025 (Annexure P-3) are hereby quashed qua the petitioners. (N.S.SHEKHAWAT) 17.07.2025
JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.18 03:48 I attest to the accuracy and integrity of this document