321 IN THE HIGH COURT OF PUNJAB AND HARYANA PARAMJIT KUMAR & ANR. STATE OF PUNJAB AND CORAM: HON’BLE MR. Present: Mr. Mr. Rishabh Singla, AAG, Punjab. Mr. Rahul Arora, Advocate for respondents No.2 and 3. HARPREET SINGH BRAR 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No. 14.07.2009, registered under Sections Indian Penal Code at Police Station further seeking setting aside of the judgment of conviction and order on quantum of sentence dated 1st Class, Phagwara basis of compromise dated 2. The following order was passed on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision: PARAMJIT KUMAR & ANR. V/S PUNJAB AND ORS. HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. J.S. Ghumman, Advocate for the petitioner Mr. Rishabh Singla, AAG, Punjab. Mr. Rahul Arora, Advocate for respondents No.2 and 3. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No. , registered under Sections 420, 465, 467, 468, 471, 120 Indian Penal Code at Police Station City Phagwara further seeking setting aside of the judgment of conviction and order on quantum of sentence dated 21.07.2017 passed by Class, Phagwara all subsequent proceedings arising out of the same, on the basis of compromise dated 21.04.2025 (Annexure P The following order was passed on “Prayer in this petition filed Bharatiya Nagarik Suraksha Sanhita No.0136 dated 14.07.2009, registered under Sections 467, 468, 471, 120-B of Indian Penal Code at Police Station Phagwara, District Kapurthala (Annexure P consequential proceedings arising compromise dated 21.04.2025 (Annexure P Learned counsel for the petitioners submits that the petitioners are the only accused persons, who have faced the trial and after their conviction, they have filed an appeal, which is IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26920-2025 Date of decision: 21.07.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR for the petitioners. Mr. Rahul Arora, Advocate for respondents No.2 and 3. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR No.0136 dated 420, 465, 467, 468, 471, 120-B of City Phagwara, District Kapurthala and further seeking setting aside of the judgment of conviction and order on passed by learned Judicial Magistrate all subsequent proceedings arising out of the same, on the .04.2025 (Annexure P-3). The following order was passed on 16.05.2025 :- Prayer in this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR , registered under Sections 420, 465, Indian Penal Code at Police Station City Kapurthala (Annexure P-1) and all other proceedings arising therefrom, on the basis of .04.2025 (Annexure P-3). Learned counsel for the petitioners submits that the are the only accused persons, who have faced the trial and after their conviction, they have filed an appeal, which is HIMANSHU 2025.07.28 09:53 I attest to the accuracy and integrity of this document CRM-M-26920-2025 3. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Cou 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 Pradsh 2021 SC Punjab and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 2025 2 pending before the learned Sessions Judge, Kapurthala for 29.05.2025 and one of the co-accused was declared as proclaimed offender on 07.09.2010, as such, the petitioners are the only accused persons and therefore, the present petition cannot be termed as a partial compromise quashing petition. Notice of motion for 21.07.2025 At this stage, on asking of the Court, Addl. AG Punjab accepts notice on behalf of respondent No.1 State and Mr. Rahul Arora, Advocate accepts notice on behalf of respondents No.2 and 3 and files Vakalatnama, which is taken on record. Copy of the paper book be supplied to them during the course of day. Service is complete. 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 recorde 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 par i.e. 21.07.2025. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. 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 In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Ramgopal and a CC OnLine SC 834, Narinder Singh and others vs. State of nd 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 pending before the learned Sessions Judge, Kapurthala for accused was declared as proclaimed .09.2010, as such, the petitioners are the only accused persons and therefore, the present petition cannot be termed as a partial compromise quashing petition. for 21.07.2025. At this stage, on asking of the Court, Mr. Subhash Godara, accepts notice on behalf of respondent No.1- State and Mr. Rahul Arora, Advocate accepts notice on behalf of respondents No.2 and 3 and files Vakalatnama, which is taken on record. Copy of the paper book be supplied to them during the 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 A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” In compliance of the aforesaid order, a report has been received rt that the compromise between the parties is genuine and arrived at without any pressure or coercion from In view of the compromise and the ratio of law laid down by the another Vs. State of Madya Narinder Singh and others vs. State of Shakuntala Sawhney (Mrs) Vs. and Full Bench of this Court in HIMANSHU 2025.07.28 09:53 I attest to the accuracy and integrity of this document CRM-M-26920-2025 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and FIR No. 465, 467, 468, 471, 120 Phagwara, District judgment of conviction and order on quantum of sentence dated 21.07.201 passed by learned Judicial Magistrate 1 proceedings arising out of the same are quashed, qua the petitioner July 21, 2025 himanshu (i) (ii) 2025 3 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 FIR No.0136 dated 14.07.2009, registered under Sections 465, 467, 468, 471, 120-B of Indian Penal Code at Police Station District Kapurthala and further seeking setting aside of the judgment of conviction and order on quantum of sentence dated 21.07.201 passed by learned Judicial Magistrate 1st Class, Phagwara proceedings arising out of the same are quashed, qua the petitioner (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition , registered under Sections 420, of Indian Penal Code at Police Station City further seeking setting aside of the judgment of conviction and order on quantum of sentence dated 21.07.2017 Class, Phagwara, all consequential proceedings arising out of the same are quashed, qua the petitioners. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No HIMANSHU 2025.07.28 09:53 I attest to the accuracy and integrity of this document