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2025 DAILYLAW 51593 (PNJ)

HABIB MOHAMMAD AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/23357/2025 · 2025-08-08

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 280 CRM-M-23357-2025 Date of Decision: 08.08.2025 Habib Mohammad and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. S.K. Bansal, Advocate for the petitioners. Mr. Roshandeep Singh A.A.G. Punjab. Mr. M.K. Bhatnagar, Advocate for respondent No.2. MANISHA BATRA , J. (ORAL) 1. The present petition has been filed under Section 528 of of Bharatiya Nagarik Surakhsha Sanhita, 2023 for quashing of FIR No.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023, at Police Station Sadar Jalandhar, District Jalandhar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 20.01.2025 (Annexure P-2). 2 . This Court vide order dated 03.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the Additional Chief Judicial Magistrate, Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned Judge has NISHA 2025.08.08 19.57 I attest to the accuracy and integrity of this document CRM-M-23357-2025 -2- submitted report dated 31.07.2025 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.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023, at Police Station Sadar Jalandhar, District Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2025 (Annexure P-2) are quashed qua the petitioners. (MANISHA BATRA) JUDGE August 08, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2025.08.08 19.57 I attest to the accuracy and integrity of this document