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2025 DAILYLAW 45133 (PNJ)

SATNAM SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/19848/2025 · 2025-05-22

Harpreet Singh Brar

body2025

Judgment text

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265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19848-2025 Date of decision: 22.05.2025 Satnam Singh ....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Deepak Verma, Advocate for the petitioner. Mr. Rishabh Singla, AAG, Punjab. Mr. Shubhashish Kukreti, Advocate for respondent No.2. HARPREET SINGH BRAR, J. (ORAL) 1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.0045 dated 03.03.2024 under Sections 353/306 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 registered at Police Station Garhshankar District Hoshiarpur, Punjab (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 27.03.2025 (Annexure P-3). 2. The following order was passed on 09.04.2025:- “This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.0045 dated 03.03.2024 under Sections 353/506 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 registered at Police Station Garhshankar, District Hoshiarpur (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 27.03.2025 (Annexure P-3). Learned counsel for the petitioner relies upon the judgment passed by Division Bench of this Court in Vinod @ Boda and others vs. State of Haryana and others, 2017(1) RCR (Criminal) 571 and submits that there is no embargo in quashing of FIR (supra) registered under Section 353 of IPC on the basis of compromise. Notice of motion. At this stage, on the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1-State and Mr. Subhashish Kukreti, Advocate accepts notice for respondent No.2 and files his power of attorney, which is taken on record. He Neha 2025.05.22 16:52 I attest to the accuracy and integrity of this document CRM-M-19848-2025 -2- admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. Adjourned to 09.05.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. 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 anyone. 4. 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 Punjab and another, (2014) 6 SCC 466 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, this petition is allowed and FIR No.0045 dated 03.03.2024 under Sections 353/306 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 registered at Police Station Garhshankar District Hoshiarpur, Punjab (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioner. (HARPREET SINGH BRAR) JUDGE 22.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.22 16:52 I attest to the accuracy and integrity of this document