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2025 DAILYLAW 53232 (PNJ)

GURJINDER SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/24411/2025 · 2025-07-29

Alok Jain

body2025

Judgment text

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CRM-M-24411 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (272) Gurjinder Singh State of Punjab and Anr. CORAM: Present: ALOK JAIN, 1. seeking quashing of 406 of IPC, Punjab (Annexure P the basis of compromise dated 2. settlement, the Coordinate Bench of this directed the parties to appear before the Illaq getting their statements recorded in that regard. Pursuant thereto, a report dated 23.07.2025 Pathankot voluntary and the same is without any pressure, coercion or undue influence. 24411-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurjinder Singh Versus State of Punjab and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Ms. Aarti Sharma, Advocate for the Mr. Sahil Choudhary, AAG, Punjab. Ms. Kusum Raj, Advocate for respondent No.2. ALOK JAIN, J. (Oral) The instant petition has been filed under Section seeking quashing of FIR No.35 dated 30.04.2021 406 of IPC, registered at Police Station Taragarh District Pathankot, Punjab (Annexure P-1) and subsequent proceeding arising t the basis of compromise dated 17.07.2024 (Annexure P Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated directed the parties to appear before the Illaq getting their statements recorded in that regard. Pursuant thereto, a report 23.07.2025 has been received from stating that the compromise arrived at between the parties is ry and the same is without any pressure, coercion or undue -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24411-2025 Date of Decision:- 29.07.2025 ……petitioner ……Respondent ALOK JAIN , Advocate for the petitioner. Mr. Sahil Choudhary, AAG, Punjab. Ms. Kusum Raj, Advocate for respondent No.2. The instant petition has been filed under Section 528 BNSS 30.04.2021, under Sections 498-A, Taragarh District Pathankot, and subsequent proceeding arising therefrom on 17.07.2024 (Annexure P-3). Keeping in view the fact that the parties entered into a Court vide order dated 14.07.2025 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report has been received from Judicial Magistrate 1st Class, stating that the compromise arrived at between the parties is ry and the same is without any pressure, coercion or undue - .07.2025 petitioner ……Respondent 528 BNSS A, Taragarh District Pathankot, herefrom on ties entered into a 14.07.2025 a Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report Class, stating that the compromise arrived at between the parties is ry and the same is without any pressure, coercion or undue MANJU 2025.07.30 14:26 I attest to the accuracy and integrity of this document CRM-M-24411 3. of respondent No.2 have no objection 4. amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction are bleak. The power unde matters. It has been held by Supreme Court of India in cases State of Punjab and another others v. State of Punjab and another having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved themselves in a 5. dated 30.04.2021 Station Taragarh District Pathankot, Punjab (Annexure P subsequent proceeding arisin petitioner subject to cost Rs.10,000/- from today Chandigarh July 29, 2025 manju Whether speaking/reasoned: Whether Reportable: 24411-2025 Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that no objection in quashing of the FIR on that Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved elves in a bona fide manner. Consequently, the present petition is allowed 30.04.2021, under Sections 498-A, 406 of IPC, Taragarh District Pathankot, Punjab (Annexure P subsequent proceeding arising therefrom, petitioner subject to costs of Rs.10,000/- to be paid by to be paid by respondent No.2 in the account of the Poor Patients Welfare Fund, Chandigarh. , 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -2- Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that they quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among petition is allowed. FIR No.35 A, 406 of IPC, registered at Police Taragarh District Pathankot, Punjab (Annexure P-1) and , are hereby quashed qua the to be paid by the petitioner and by respondent No.2 within a period of two weeks Poor Patients Welfare Fund, PGIMER, (ALOK JAIN) JUDGE - Learned State counsel and learned counsel appearing on behalf they Perusal of the aforesaid report establishes that the parties have in such a situation will be an exercise in futility, as the chances of conviction can be exercised in such Gian Singh v. Narinder Singh and 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, disputes among 35 registered at Police and are hereby quashed qua the and two weeks PGIMER, MANJU 2025.07.30 14:26 I attest to the accuracy and integrity of this document