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2025 DAILYLAW 53457 (PNJ)

BALBIR SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/24454/2025 · 2025-07-01

Sanjiv Berry

body2025

Judgment text

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228 CRM-M-24454-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24454-2025 Date of decision: 01.07.2025 BALBIR SINGH AND OTHERS ….Petitioners Versus STATE OF PUNJAB AND OTHERS ....Respondents CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Rahul Garg, Advocate for Mr. Arpan Sabharwal, Advocate for the petitioners. Mr. Durgesh Garg, AAG Punjab. Ms. Navjot Kaur, Advocate for Mr. S.S. Swaich, Advocate for the respondents No.2 to 4. ..… SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of BNSS, 2023, petitioners seek quashing of cross-case Rapat No.39 dated 05.05.2018 (Annexure P-2) in case FIR No.45 dated 05.05.2018 under Sections 325, 323, 427, 148, 149 IPC IPC registered at P.S. Mehtiana, District Hoshiarpur (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 22.04.2025 (Annexure P-3) executed between the parties. Details of the FIR are as follows: Cross Case No. Dated Sections Police Station 39 05.05.2018 341, 323, 148, 149 IPC Mehtiana, District Hoshiarpur Puneet Sharma 2025.07.01 16:17 I attest to the accuracy and authenticity of this order/judgment 228 CRM-M-24454-2025 -2- 2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise dated 22.04.2025 (Annexure P-3), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. Learned Judicial Magistrate Ist Class, Hoshiarpur, vide report dated 13.06.2025, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. In compliance to the order dated 21.05.2025, an amount of Rs.25,000/- has been deposited with the Society for the Care of Blind, Sector-26, Chandigarh and receipt thereof is annexed with the report. 3. Respondents No. 2 to 4 are represented by their counsel and does not oppose the compromise. 4. In view of the report of the Learned Judicial Magistrate Ist Class, Hoshiarpur, and in view of the decision of the Hon'ble Supreme Court in “Gian Singh Vs. State of Punjab and another”, 2012(4) RCR (Criminal) 543 and “Narinder Singh and Others Vs. State of Punjab and Another”, (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5. In the circumstances, the present petition is allowed. Cross Case No.39 dated 05.05.2018, under Sections 341, 323, 148, 149 IPC, registered at Police Station Mehtiana, District Hoshiarpur (Annexure P-2) and all Puneet Sharma 2025.07.01 16:17 I attest to the accuracy and authenticity of this order/judgment 228 CRM-M-24454-2025 -3- consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. (SANJIV BERRY) 01.07.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Puneet Sharma 2025.07.01 16:17 I attest to the accuracy and authenticity of this order/judgment