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2025 DAILYLAW 53369 (PNJ)

MEWA SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/24298/2025 · 2025-07-17

Harpreet Singh Brar

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Judgment text

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318(2) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-24298-2025 (O&M) Date of Decision: 17.07.2025 MEWA SINGH AND OTHERS …Petitioners V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Arun Kumar Gupta, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Mr. Hardeep Singh Dhillon, Advocate for respondents No. 2 and 3. **** HARPREET SINGH BRAR J. (Oral) 1. This petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 103 dated 15.06.2020 registered under Sections 323, 324, 506, 148, 149 of Indian Penal Code (hereinafter to be referred as ‘IPC’) (Sections 325 and 201 of IPC added later on) at Police Station Samrala, District Ludhiana along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.01.2025 (Annexure P-4). 2. The following order was passed on 07.05.2025: “Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No. 103 dated 15.06.2020, registered under Sections 323, 324, 506, 148, 149 of Indian Penal Code (Sections 325 and 201 of IPC added later on) at Police Station Samrala, District Ludhiana (Annexure P-1) and all subsequent proceedings arising out of the same, on the basis of compromise dated 21.01.2025 (Annexure P-2). Notice of motion. Mr. Subhash Godara, Addl. AG Punjab, who is present in the Court, accepts notice on behalf of respondent AJAY GOSWAMI 2025.07.18 16:37 I attest to the accuracy and integrity of this document CRM-M-24298-2025 (O&M) -2- No. 1-State and Mr. Hardeep Singh Dhillon, Advocate has put in appearance on behalf of respondents No. 2 and 3 and filed power of attorney. Same is taken on record. Learned counsel for respondents No. 2 and 3 admits the factum of compromise. Service is complete. Learned counsel for the petitioner submits that petitioners No. 6 and 7 are residing abroad and prays that their statements be got recorded through special power of attorney holders. Adjourned to 28.05.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of 10 days or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 28.05.2025. Learned trial Court/Illaqa Magistrate is further directed to record the statements of petitioners No. 6 and 7 through special power of attorney holders. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for 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 466 and Shakuntala Sawhney (Mrs) Vs. AJAY GOSWAMI 2025.07.18 16:37 I attest to the accuracy and integrity of this document CRM-M-24298-2025 (O&M) -3- 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. 103 dated 15.06.2020 registered under Sections 323, 324, 506, 148, 149 of Indian Penal Code (hereinafter to be referred as ‘IPC’) (Sections 325 and 201 of IPC added later on) at Police Station Samrala, District Ludhiana along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 17.07.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.07.18 16:37 I attest to the accuracy and integrity of this document