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2025 DAILYLAW 44084 (PNJ)

HARJINDER SINGH AND OHTERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/19895/2025 · 2025-05-14

Sanjiv Berry

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19895-2025 Date of decision: 14.05.2025 HARJINDER SINGH AND OTHERS ….PETITIONERS Versus STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Ms. Prachi Gupta, Advocate for Mr. Rahul Aggarwal, Advocate for the petitioners. Mr. Iqbalpreet Singh, AAG, Punjab. Mr. Shrome Garg, Advocate for respondent No.2. **** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of BNSS, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 21.03.2025 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No. Dated Sections Police Station 172 05.12.2024 331 (6), 115 (2), 117 (2), 126 (2) and 3 (5) of BNS, 2023 City-I, Malerkotla, District Malerkotla. 2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise/affidavit 21.03.2025 (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 KANIKA 2025.05.16 10:07 I attest to the accuracy and authenticity of this order/judgment CRM-M-19895-2025 2 parties. Learned Judicial Magistrate Ist Class, Malerkotla, vide report dated 24.04.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. A copy of Receipt of costs of Rs. 30,000/- has been placed on record in compliance of the order dated 09.04.2025. 3. Learned counsel for respondents No.2 does not oppose the compromise having been effected between the parties. 4. In view of the report of the learned Judicial Magistrate Ist Class, Malerkotla, 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. 172 dated 05.12.2024 under Sections 331 (6), 115 (2), 117 (2), 126 (2) and 3 (5) of BNS, 2023, registered at Police Station City-I, Malerkotla, District Malerkotla, and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. 14.05.2025 (SANJIV BERRY) kanika JUDGE i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.05.16 10:07 I attest to the accuracy and authenticity of this order/judgment