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2025 DAILYLAW 56221 (PNJ)

JUGRAJ SINGH @ JUGRAJ SINGH CHAHAL AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/25873/2025 · 2025-07-14

Harpreet Singh Brar

body2025

Judgment text

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290 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25873-2025 Date of decision: 14.07.2025 JUGRAJ SINGH @ JUGRAJ SINGH CHAHAL AND ANOTHER ...PETITIONERS V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Puneet Sharma, Advocate for Mr. Manjinder Singh Saini, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of complaint case bearing No.COMI/66/2022 dated 03.08.2022 registered under Sections 323, 324, 327, 329, 341, 352 and 506 of Indian Penal Code pending before learned Judicial Magistrate Ist Class, Moga and all subsequent proceedings arising out of the same including the order dated 04.02.2023 (Annexure P-2), vide which, the petitioners were summoned in the aforesaid complaint and charge-sheet dated 09.08.2023 on the basis of compromise dated 17.04.2025 (Annexure P-4). 2. Ms. Navjot Kaur, Advocate has put in appearance on behalf of respondent No.2 and filed her power of attorney. The same is taken on record. Registry is directed to tag the same at the appropriate place. 3. The following order was passed on 13.05.2025 :- “Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of MANISHA 2025.07.15 15:01 I attest to the accuracy and integrity of this document CRM-M-25873-2025 2 complaint case No. COMI/66/2022 dated 03.08.2022 registered under Sections 323, 324, 327, 329, 341, 352 and 506 of Indian Penal Code pending before learned Judicial Magistrate Ist Class, Moga and all subsequent proceedings arising out of the same including the order dated 04.02.2023 vide which the petitioners were summoned in the aforesaid complaint and chargesheet dated 09.08.2023, on the basis of compromise dated 17.04.2025 (Annexure P-4). Notice of motion. Mr. Subhash Godara, Addl. AG Punjab, who is present in the Court, accepts notice on behalf of respondent No. 1-State and Ms. Navjot Kaur, Advocate has put in appearance on behalf of respondent No. 2 and filed memo of appearance. Learned counsel for respondent No. 2 admits the factum of compromise and undertakes to file her power of attorney on the next date of hearing. Learned counsel for the petitioners submits that statement of petitioner No. 2 be got recorded through his power of attorney holder Jagdev Singh. Service is complete. Adjourned to 14.07.2025. In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks 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. 14.07.2025. Learned trial Court is further directed to record the statement of petitioner No.2 through his power of attorney holder- Jagdev Singh. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 4. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the MANISHA 2025.07.15 15:01 I attest to the accuracy and integrity of this document CRM-M-25873-2025 3 parties is genuine and arrived at without any pressure or coercion from anyone. 5. 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 46, 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 complaint case bearing No.COMI/66/2022 dated 03.08.2022 registered under Sections 323, 324, 327, 329, 341, 352 and 506 of Indian Penal Code pending before learned Judicial Magistrate Ist Class, Moga and all consequential proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) July 14, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.07.15 15:01 I attest to the accuracy and integrity of this document