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High Court of Punjab and Haryana · body

2025 DAILYLAW 48131 (PNJ)

SUMIT KUMAR v. STATE OF PUNJAB AND ANOTHER

CRM-M/21282/2025 · 2025-07-17

Manisha Batra

body2025

Judgment text

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CRM-M-21282 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 319 CRM-M-21282 of 2025 Date of Decision: 17.07.2025 Sumit Kumar ....Petitioner Versus State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Bharat Puri, Advocate for the petitioner. Mr. Vivek Sharma, AAG, Punjab. Mr. Rahul Garg, Advocate for respondent No.2. ***** Manisha Batra, J.(Oral) 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing of FIR No.246, dated 11.12.2024 under Section 420 of IPC and Section 24 of the Immigration Act, registered at Police Station Division No.6, District Ludhiana, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 15.04.2025 (Annexure P-2). 2. This Court vide orders dated 24.04.2025/28.05.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. DINESH BANSAL 2025.07.18 18:21 I attest to the accuracy and integrity of this document Chandigarh CRM-M-21282 of 2025 -2- 3. Pursuant to the aforesaid order, parties have appeared before the learned Civil Judge (Jr. Divn.), Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report dated 08.07.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.246, dated 11.12.2024 under Section 420 of IPC and Section 24 of the Immigration Act, registered at Police Station Division No.6, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 15.04.2025 (Annexure P-2) are quashed qua the petitioner. (MANISHA BATRA) 17.07.2025 JUDGE D.Bansal Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No DINESH BANSAL 2025.07.18 18:21 I attest to the accuracy and integrity of this document Chandigarh