319 IN THE HIGH COURT OF PUNJAB AND HARYANA DILRAJ SINGH STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MR. Present: Ms. Dolli Sharma Mr. Rishabh Singla, AAG, Punjab. HARPREET SINGH BRAR 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No. 10.12.2024, registered under Sections (wrongly mentioned Indian Penal Code) Act at Police Station arising out of the same, on the basis of compromise dated (Annexure P-3). 2. The following order was passed on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision: SINGH AND OTHERS V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Ms. Dolli Sharma, Advocate for the petitioner Mr. Rishabh Singla, AAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No. , registered under Sections 109, 126(2) and 3(5) (wrongly mentioned Indian Penal Code) and Sections 25 & at Police Station Lopoke District Amritsar and arising out of the same, on the basis of compromise dated ). The following order was passed on “This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the No.253 dated 10.12.2024, registered under Sections and 3(5) of BNS, 2023 (wrongly mentioned Indian Penal Code) Police Station Lopoke, District proceedings arising out of the same, dated 14.04.2025 (Annexure P2 (Annexure P-3). Learned counsel for the petitioners inter alia contends that it is a case of no injury and perusal of the case set up by the prosecution clearly indicates that no offence under Section 109 of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21067-2025 Date of decision: 21.07.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR for the petitioners. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No.253 dated 109, 126(2) and 3(5) of BNS, 2023 and Sections 25 & 27 of the Arms and all subsequent proceedings arising out of the same, on the basis of compromise dated 14.04.2025 The following order was passed on 19.05.2025 :- petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR , registered under Sections 109, 126(2) S, 2023 (wrongly mentioned Indian Penal Code) at District Amritsar and all subsequent proceedings arising out of the same, on the basis of compromise .2025 (Annexure P2) and affidavit dated 14.04.2025 Learned counsel for the petitioners inter alia contends that e of no injury and perusal of the case set up by the prosecution clearly indicates that no offence under Section 109 of HIMANSHU 2025.07.23 11:48 I attest to the accuracy and integrity of this document CRM-M-21067-2025 3. In compliance of the aforesaid order, a rep 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 and another, (2014) 6 SCC 46 2025 2 Bhartiya Nyaya Sanhita, 2023 has been made out and he relies upon the judgment of Hon’ble Supreme Court of India in the case of The State of Madhya Pradesh Vs. Laxmin Narayan and others, 2019(5) SCC 688 and submits that once the factual ingredients to breach the threshold Section 109 of BNS (307 of IPC) are missing, there is no embargo in quashing the FIR (supra) on the basis of compromise. Notice of motion. Mr. Subhash Godara, Add the Court, accepts notice on behalf of respondent No.1 Mr. Sahil Gupta, Advocate has put in appearance on behalf of respondent No.2 and filed power of attorney. Same is taken on record. Learned counsel for responde compromise. Service is complete. Adjourned to 21.07.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the tr 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 wh are pending against any of the party on or before the date fixed i.e. 21.07.2025. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. In compliance of the aforesaid order, a rep 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 Punjab and another, (2014) 6 SCC 46, and Shakuntala Sawhney (Mrs) Vs. Bhartiya Nyaya Sanhita, 2023 has been made out and he relies ble Supreme Court of India in the e of Madhya Pradesh Vs. Laxmin Narayan and , 2019(5) SCC 688 and submits that once the factual ingredients to breach the threshold Section 109 of BNS (307 of IPC) are missing, there is no embargo in quashing the FIR (supra) Mr. Subhash Godara, Addl. AG Punjab, who is present in behalf of respondent No.1-State and Mr. Sahil Gupta, 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 Adjourned to 21.07.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks 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 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 Narinder Singh and others vs. State of Punjab Shakuntala Sawhney (Mrs) Vs. HIMANSHU 2025.07.23 11:48 I attest to the accuracy and integrity of this document CRM-M-21067-2025 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and FIR No. 126(2) and 3(5) of BNS, 2023 (wrongly mentioned Indian Penal Code) Sections 25 & 27 and all consequential petitioners. July 21, 2025 himanshu (i) (ii) 2025 3 Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 FIR No.253 dated 10.12.2024, registered under Sections 126(2) and 3(5) of BNS, 2023 (wrongly mentioned Indian Penal Code) Sections 25 & 27 of the Arms Act at Police Station consequential proceedings arising out of the same are quashed, qua the (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition , registered under Sections 109, 126(2) and 3(5) of BNS, 2023 (wrongly mentioned Indian Penal Code) and at Police Station Lopoke District Amritsar proceedings arising out of the same are quashed, qua the HARPREET SINGH BRAR) JUDGE Yes/No Yes/No HIMANSHU 2025.07.23 11:48 I attest to the accuracy and integrity of this document