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2025 DAILYLAW 44784 (PNJ)

GORAV GOSAI ALIAS GOLU AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/19605/2025 · 2025-05-22

Harpreet Singh Brar

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Judgment text

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263 IN THE HIGH COURT OF PUNJAB AND HARYANA GORAV GOSAI ALIAS GOLU AND ANOTHER STATE OF PUNJAB AND CORAM: HON’BLE MR. Present: Mr. Mr. Rishabh Singla, AAG, Punjab. Mr. Jasman S. Gill, Advocate for Mr. Hemant Bawa, HARPREET SINGH BRAR 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 15.02.2025, registered under Sections 306, 115(2), Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana 1) and all subsequent proceedings arising out of the same, on the basis of compromise dated 29.03.2025 (Annexure P 2. The following order was passed IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GORAV GOSAI ALIAS GOLU AND ANOTHER V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Abhishek Sharma, Advocate for the petitioner Mr. Rishabh Singla, AAG, Punjab. Mr. Jasman S. Gill, Advocate for Mr. Hemant Bawa, Advocate respondent No.2. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR No. 15.02.2025, registered under Sections 306, 115(2), Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana and all subsequent proceedings arising out of the same, on the basis of compromise dated 29.03.2025 (Annexure P-5). The following order was passed on 24.04.2024 : “Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR No. 34 dated 15.02.2025, registered under Sections 306, 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Station Dugri, District Ludhiana and all subsequent proceedings arising out of the same, on the basis of compromise dated 29.03.2025 (Annexure P-5). Notice of motion. Mr. Subhash Godara, Addl. AG Punjab, who is present in the Court, accepts notice on behalf of respondent No. 1 Mr. Hemant Bawa, Advocate has put in appearance on behalf of respondent No. 2 and filed power of attorney. Same is taken on record. Learned counsel for respondent No. 2 admits the factum of compromise. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19605-2025 Date of decision: 22.05.2025 GORAV GOSAI ALIAS GOLU AND ANOTHER ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioners. Advocate respondent No.2. Instant petition has been filed under Section 528 of Bharatiya seeking quashing of the FIR No.34 dated 15.02.2025, registered under Sections 306, 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana (Annexure P- and all subsequent proceedings arising out of the same, on the basis of on 24.04.2024 :- Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR No. 34 dated 15.02.2025, registered under Sections 306, 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana and all subsequent proceedings arising out of the same, on the basis of compromise dated Mr. Subhash Godara, Addl. AG Punjab, who is present in ice on behalf of respondent No. 1-State and Mr. Hemant Bawa, Advocate has put in appearance on behalf of respondent No. 2 and filed power of attorney. Same is taken on record. Learned counsel for respondent No. 2 admits the factum of MANISHA 2025.05.23 18:02 I attest to the accuracy and authenticiy of this order/judgment CRM-M-19605 3. In compliance of the aforesaid order, a report has been received from the concerned jurisdicti 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 and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and FIR No. 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana arising out of the same are quashed, qua the petitioners. May 22, 2025 manisha (i) (ii) 19605-2025 2 Service is complete. Adjourned to 09.05.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of one week 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. 09.05.2025. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. 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 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 and another, (2014) 6 SCC 46, 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 is allowed and FIR No.34 dated 15.02.2025, registered under Sections 306, 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Adjourned to 09.05.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of one week or any other date convenient to the trial Court/Illaqa Magistrate 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 the party on or before the date fixed A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” In compliance of the aforesaid order, a report has been received onal Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from In view of the compromise and the ratio of law laid down by the Narinder Singh and others vs. State of Punjab Shakuntala Sawhney (Mrs) Vs. and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition 15.02.2025, registered under Sections 306, 115(2), 126(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 at Police Station and all consequential proceedings arising out of the same are quashed, qua the petitioners. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.23 18:02 I attest to the accuracy and authenticiy of this order/judgment