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2025 DAILYLAW 55663 (PNJ)

DARSHAN SINGH @ PALA AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/25673/2025 · 2025-07-07

Harpreet Singh Brar

body2025

Judgment text

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299 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-25673-2025 (O&M) Date of Decision: 07.07.2025 DARSHAN SINGH @ PALA AND OTHERS …Petitioners V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. A.S. Sarwara, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Mr. S.S. Gill, Advocate for respondents No. 2 and 3. **** HARPREET SINGH BRAR J. (Oral) 1. This petition has been filed under Section 528 BNSS seeking quashing of FIR No.22 dated 18.03.2025 registered under Sections 115(2), 126(2), 351(1), 351(3), 191(3), 190 of BNS, 2023 (Sections 118(1) and 304(2) of BNS, 2023 added later on) at Police Station Tapa Mandi, District Barnala, on the basis of compromise dated 24.04.2025 (Annexure P-2) along with all subsequent proceedings arising therefrom. 2. The following order was passed on 12.05.2025: “This petition has been filed under Section 528 BNSS seeking quashing of FIR No.22 dated 18.03.2025 registered under Sections 115(2), 126(2), 351(1), 351(3), 191(3), 190 of BNS, 2023 (Sections 118(1) and 304(2) of BNS, 2023 added later on) at Police Station Tapa Mandi, District Barnala, on the basis of compromise dated 24.04.2025 (Annexure P-2) along with all subsequent proceedings arising therefrom. Notice of motion for 07.07.2025. At this stage, on asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1 – State and Mr. P.S. Dhaliwal, Advocate accepts notice on behalf of respondents No.2 and 3 and files Vakalatnama, which is AJAY GOSWAMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-25673-2025 (O&M) -2- taken on record. Copy of the paper book be supplied to them during the course of day. Service is complete. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 07.07.2025. A copy of the 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. 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. 22 dated 18.03.2025 registered under Sections 115(2), 126(2), 351(1), 351(3), 191(3), 190 of BNS, 2023 (Sections 118(1) and 304(2) of BNS, 2023 added later on) at Police Station Tapa Mandi, District Barnala along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 07.07.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document