Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 50155 (PNJ)

KULWANT SINGH ALIAS BEEJA AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/23992/2025 · 2025-07-31

Harpreet Singh Brar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE 295 Kulwant Singh alias Beeja and others State of Punjab CORAM: Present : HARPREET SINGH BRAR 1. Nagarik Suraksha Sanhita of 2023 seeking quashing of FIR No. 25.01.2025 Station Bariwala, District Sri Muktsar Sahib subsequent proceedings arising therefrom on the basis of compromise dated 15.02.2025 2. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Kulwant Singh alias Beeja and others VERSUS Punjab and others HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Ambanshu Sahni, Advocate Mr. Nitesh Sharma, DAG, Punjab. Mr. Arman Gagneja, Advocate for respondent **** HARPREET SINGH BRAR, J. (Oral) This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita of 2023 seeking quashing of FIR No. under Sections 118(2)/115(2), 126(2)/3(5) BNS, 2023 at Police Station Bariwala, District Sri Muktsar Sahib subsequent proceedings arising therefrom on the basis of compromise dated (Annexure P-2). The following order was passed on “Contends, inter alia, that matter has been compromised between the parties i.e. petitioner Nos.2 and 3. (2) Notice of motion. (3) Mr. TPS Walia, learned AAG, Punjab accepts notice on behalf of respondent No.1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23992-2025 Date of Decision: July 31st , 2025 .....Petitioner VERSUS .....Respondent HARPREET SINGH BRAR , Advocate for the petitioners. Mr. Nitesh Sharma, DAG, Punjab. Advocate for respondents No.2 and 3. has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita of 2023 seeking quashing of FIR No.04 dated 118(2)/115(2), 126(2)/3(5) BNS, 2023 at Police Station Bariwala, District Sri Muktsar Sahib, Annexure P-1, along with all subsequent proceedings arising therefrom on the basis of compromise dated The following order was passed on 05.05.2025:- Contends, inter alia, that matter has been compromised between the parties i.e. petitioners as well as respondent , learned AAG, Punjab accepts notice on behalf of respondent No.1. , 2025 Petitioners .....Respondents has been filed under Section 528 of the Bharatiya dated 118(2)/115(2), 126(2)/3(5) BNS, 2023 at Police g with all subsequent proceedings arising therefrom on the basis of compromise dated Contends, inter alia, that matter has been compromised as well as respondent , learned AAG, Punjab accepts notice on PUNEET CHAWLA 2025.08.02 12:29 I attest to the accuracy and integrity of this document 2 (4) Mr. Arman Gagneja, Advocate, has put in appearance on behalf of respondent Nos.2 and 3. The same is taken on record. He acknowledged the factum of compromise(P-2) arrived at between the parties i.e. petitioners as well as respondent Nos.2 and 3. (5) Requisite number of copies of the petition be supplied to learned Counsel for the respondents during the course of day. (6) Petitioner shall file their respective affidavits that there is no other criminal case(s) pending against them and also give the details of any other FIR(s), already quashed on the basis of compromise. (7) In view of the above, let parties appear before learned Illaqa Magistrate/trial Court on or before 26.05.2025, for recording their statement(s) with reference to the compromise, if any, entered into between them. (8) Learned Illaqa Magistrate/trial Court shall record the statement(s) of all accused, complainant/injured and victim, if any, and submit a report to this Court before the next date of hearing containing the following information:- (i). Whether the statements of the parties are bona fide and not result of any pressure or coercion etc. in any manner? (ii). Whether the compromise effected between the parties is genuine and valid? (iii). Whether all the accused, complainant and injured are party to the compromise and if not, the details/particulars of such person(s)? (iv). Whether any other case is pending against either of the parties or not, if yes, the details thereof? (v). Whether any of the persons involved in this case/dispute has been declared a proclaimed offender? (vi). Whether any of the petitioner(s) is/are previous convict or not? (9) List before this Court on 31.07.2025 for further consideration. PUNEET CHAWLA 2025.08.02 12:29 I attest to the accuracy and integrity of this document 3 (10) Meanwhile, learned State Counsel shall also get the instructions in the matter as to whether the State has any objection? (11) Copy of this order be sent to learned Judicial Officer concerned forthwith for information and strict 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 46, 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.04 dated 25.01.2025 under Sections 118(2)/115(2), 126(2)/3(5) BNS, 2023 at Police Station Bariwala, District Sri Muktsar Sahib, Annexure P-1, and all consequential proceedings arising out of the same are quashed, qua the petitioner(s). (HARPREET SINGH BRAR) JUDGE July 31, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2025.08.02 12:29 I attest to the accuracy and integrity of this document