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2025 DAILYLAW 49025 (PNJ)

KULDEEP SINGH ALIAS GORA AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/22276/2025 · 2025-07-09

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA 326 KULDEEP SINGH STATE OF PUNJAB AND ANOTHER CORAM: Present: MANJARI NEHRU 1. Bharatiya Nagarik Suraksha Sanhita, 2023 dated 30.11.2022 under Sections 308, 323, 506, 148, 149 of the IPC registered at Police Station Sadar with all consequential proceedings arising therefrom on the bas compromise (Annexure P 2. directed to appear before the learned trial Court/Illaqa 28.05.2025 to get their statements recorded regarding the compromise arrived at, between them. 3. Ist Class (Duty) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: KULDEEP SINGH @ GORA AND ANOTHER Versus PUNJAB AND ANOTHER HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Aman Mittal, Advocate for the petitioners. Mr. Sahil Chaudhary, AAG, Punjab. Mr. Simranjit Singh, Advocate for respondent No.2. MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition Bharatiya Nagarik Suraksha Sanhita, 2023 dated 30.11.2022 under Sections 308, 323, 506, 148, 149 of the IPC registered at Police Station Sadar Jagraon, District Ludhiana Rural, along with all consequential proceedings arising therefrom on the bas compromise (Annexure P-2). Vide order dated 28.04.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa 28.05.2025 to get their statements recorded regarding the compromise arrived at, between them. Report has since been received from learned Judicial Magistrate (Duty), Jagraon, Ludhiana, in pursuance of the directions of IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-22276-2025 Date of decision: July 09, 2025 GORA AND ANOTHER ...Petitioners ...Respondents HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Sahil Chaudhary, AAG, Punjab. Prayer in the instant petition filed under Section 528 of is for quashing of FIR No.240 dated 30.11.2022 under Sections 308, 323, 506, 148, 149 of the IPC Jagraon, District Ludhiana Rural, along with all consequential proceedings arising therefrom on the basis of .04.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 28.05.2025 to get their statements recorded regarding the compromise Report has since been received from learned Judicial Magistrate pursuance of the directions of this ...Petitioners ...Respondents filed under Section 528 of FIR No.240 dated 30.11.2022 under Sections 308, 323, 506, 148, 149 of the IPC Jagraon, District Ludhiana Rural, along is of .04.2025 of this Court, the parties were Magistrate on 28.05.2025 to get their statements recorded regarding the compromise Report has since been received from learned Judicial Magistrate this Jaspreet Kaur 2025.07.09 17:42 I attest to the accuracy and integrity of this document Chandigarh CRM-M-22276 Court, wherein the factum of the compromise arrived at between the parties stands verified an been effected between the parties and the same is without any pressure or coercion and out of their free will, and the complainant has also made statement to the effect that he would have no objection if accused-petitioners is quashed. 4. the parties, along with its report. 5. accused other than the petitioners and resp person in the FIR in question. 6. principles laid down by the Hon’ble Apex Court in Punjab and others (2012) 10 SCC 303 Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 FIR and all consequential proceedings arising out of it, are quashed. 7. compromise and their statements recorded before the Court below. July 09, 2025 Jaspreet Kaur 22276-2025 Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will, and the complainant has also made statement to the effect that he would have no objection if petitioners is quashed. The trial Court has annexed photocopies of the parties, along with its report. Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned trial Court, and the principles laid down by the Hon’ble Apex Court in Punjab and others (2012) 10 SCC 303, and also by the F Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 09, 2025 Whether speaking/reasoned Whether reportable -2- Court, wherein the factum of the compromise arrived at between the parties confirmed. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will, and the complainant has also made statement to the effect that he would have no objection if the FIR qua the photocopies of the statements of Learned State counsel too submits that there are no other ondent No.2 is the only aggrieved In view of the report of the learned trial Court, and the principles laid down by the Hon’ble Apex Court in Gian Singh Vs. State of , and also by the Full Bench of this Kulwinder Singh and others Vs. State of Punjab and another, , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No Court, wherein the factum of the compromise arrived at between the parties confirmed. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will, and the complainant has also made the FIR qua the the statements of Learned State counsel too submits that there are no other ondent No.2 is the only aggrieved In view of the report of the learned trial Court, and the Gian Singh Vs. State of ull Bench of this Kulwinder Singh and others Vs. State of Punjab and another, , the instant petition is allowed. The aforesaid say the parties shall remain bound by the terms of Jaspreet Kaur 2025.07.09 17:42 I attest to the accuracy and integrity of this document Chandigarh