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2025 DAILYLAW 81634 (PNJ)

SUKHWINDER SINGH v. UNION TERRITORY CHANDIGARH AND OTHERS

CRM-M/46229/2022 · 2025-09-08

Manisha Batra

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Judgment text

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CRM-M-46229-2022 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 123 CRM-M-46229-2022 (O&M) Date of decision:08.09.2025 Sukhwinder Singh ... Petitioner Vs. U.T. Chandigarh & others ... Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA. Present: Mr. Naveen Kumar, Advocate for the petitioner. Mr. Manish Bansal, Public Prosecutor, U.T., Chandigarh. Mr. Gyan Parkash Saini, Advocate for respondents No.2 to 5. ... MANISHA BATRA, J. (ORAL). CRM-35457-2025: The instant application has been filed seeking waiver of the direction given to the parties and the Investigating Officer to appear before the Illaqa Magistrate/Duty Magistrate/Trial Court on 05.09.2025 for recording their statements regarding the compromise. Vide order dated 11.08.2025, this Court had directed the parties and the Investigating Officer to record their statements to ascertain the genuineness of the compromise stated to have been effected between them. Learned counsel for the petitioner has submitted that, in fact, the statements of the parties were already recorded in compliance with the earlier order dated 01.02.2023. This fact has been affirmed by the learned HARJEET KAUR 2025.09.10 16:54 I attest to the accuracy and integrity of this document CRM-M-46229-2022 (O&M) -2- State counsel as well as respondents No. 2 to 5. They have stated that they have no objection if the present application is allowed. Accordingly, the application is allowed. Main case: 1. The present petition has been filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing of FIR No.395 dated 02.11.2019, registered under Sections 420/120-B IPC, at Police Station Sector-39, Chandigarh and all the subsequent proceedings arising therefrom, on the basis of compromise dated 29.06.2022 (Annexure P-2). 2 . This Court vide order dated 01.02.2023 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate First Class, Chandigarh and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report dated 02.05.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondents No.2 to 5 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment HARJEET KAUR 2025.09.10 16:54 I attest to the accuracy and integrity of this document CRM-M-46229-2022 (O&M) -3- 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 FIR No.395 dated 02.11.2019, registered under Sections 420/120-B IPC, at Police Station Sector-39, Chandigarh and all subsequent proceedings arising therefrom on the basis of compromise dated 29.06.2022 (Annexure P-2) are quashed qua the petitioner. (MANISHA BATRA) 08.09.2025 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2025.09.10 16:54 I attest to the accuracy and integrity of this document