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2025 DAILYLAW 47206 (PNJ)

HARMINDER KAUR AND ANR v. STATE OF PUNJAB AND ANOTHER

CRM-M/20644/2025 · 2025-05-22

Harpreet Singh Brar

body2025

Judgment text

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266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20644-2025 Date of decision: 22.05.2025 Harminder Kaur and another ....Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Naveen Batra, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Mr. Rahul Garg, 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.125 dated 13.10.2022 under Sections 323/324/34 of IPC registered at Police Station Anandpur Sahib, District Rupnagar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 06.02.2025 (Annexure P-2). 2. The following order was passed on 22.04.2025:- “This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.125 dated 13.10.2022 under Sections 323/324/34 of IPC registered at Police Station Anandpur Sahib, District Rupnagar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 06.02.2025 (Annexure P-2). Learned counsel for the petitioners submits that the petitioners are the only accused who are facing trial in the present case. Notice of motion for 22.05.2025. 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. Copy of the paper book be supplied to him during the course of day. Learned counsel for the petitioners undertakes to secure the presence of respondent No.2 before the learned trial Court at the time of recording the statement. 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 their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to Neha 2025.05.22 16:52 I attest to the accuracy and integrity of this document CRM-M-20644-2025 -2- 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 IR No.125 dated 13.10.2022 under Sections 323/324/34 of IPC registered at Police Station Anandpur Sahib, District Rupnagar (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (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