Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 65817 (PNJ)

KULWINDER SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/30377/2025 · 2025-08-13

Yashvir Singh Rathor

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-30377 of 2025 Date of Decision:13.08.2025 Kulwinder Singh and others .....Petitioners Vs. State of Punjab and another .....Respondents CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Rakesh Kumar Kachura, Advocate for the petitioners. Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab. Mr. Himanshu Chhabra, Advocate for Mr. Kulwinder Singh, Advocate for respondent No.2. **** Yashvir Singh Rathor, J. (Oral) 1. Prayer in this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of F.I.R. No.17 dated 15.02.2024 (Annex- ure P.1) registered under Sections 332, 353, 186, 34 IPC at Police Station City Fazilka, District Fazilka and all subsequent proceedings arising therefrom on the basis of compromise. 2. Reply by way of an affidavit of Mr. Lavdeep Singh Gill, Deputy Su- perintendent of Police, Sub Division (HQ) Fazilka-cum-Sub Division, Fazilka filed on behalf of respondent No.1 is taken on record. 3. This Court vide order dated 28.05.2025 had directed the parties to ap- pear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. RENU 2025.08.13 16:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-30377 of 2025 -2- 4. Pursuant to the aforesaid order, parties have appeared before learned Chief Judicial Magistrate, Fazilka and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 04.08.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 5. Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. 6. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the prin- ciples laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and all subsequent pro- ceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed. 7. Pending application (s), if any, shall also stand disposed of. (Yashvir Singh Rathor) Judge August 13, 2025 renu Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.08.13 16:50 I attest to the accuracy and integrity of this document Chandigarh