NARESH RANI AND ANOTHER v. STATE OF PUNJAB AND OTHERS
CRM-M/21322/2025 · 2025-05-23
Harpreet Singh Brar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48221 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48221 (PNJ) · dailylaw.ai ]
Judgment text
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268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21322-2025 Date of decision: 23.05.2025 Naresh Rani and another ....Petitioners
Versus State of Punjab and others ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Varun Sharma, Advocate for the petitioners. Mr. Nitesh Sharma, DAG, Punjab. Mr. Chirag Suri, Advocate for respondents No.2 & 3.
HARPREET SINGH BRAR, J. (ORAL)
1. This petition has been filed under Section 482 Cr.P.C. read with 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.137 dated 30.11.2024 under Sections 406/420 of IPC (offence under Section 201 of IPC added during investigation) registered at Police Station Division No.7 District Jalandhar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 16.04.2025 (Annexure P- 2).
2.
Learned counsel for the petitioners submits that respondent No.3, namely, Sanjeev Kumar alias Sanjeev Arora, is not relevant for the quashing of FIR (supra) as he is neither the informant nor the victim and he is attesting witness to the agreement to sell and the compromise, as such, he did not appear before the learned trial Court in terms of compromise. 3. On 24.04.2025, the following order was passed:-
“This petition has been filed under Section 482 Cr.P.C. read with Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 30.11.2024 under Sections 406/420 of IPC (Section 210 of IPC added later on) registered at Police Station Division No.7, District Jalandhar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 16.04.2025 (Annexure P-2). 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. Manish Kansra, Advocate puts in appearance and accepts notice for respondent Nos.2 and 3 and undertakes to file his power of attorney on or before the next date of hearing. He admits to the Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document
CRM-M-21322-2025 -2- factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. Adjourned to 23.05.2025. 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.”
4. 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. 5. 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.137 dated 30.11.2024 under Sections 406/420 of IPC (offence under Section 201 of IPC added during investigation) registered at Police Station Division No.7 District Jalandhar (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 23.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document