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2025 DAILYLAW 81796 (PNJ)

BHUPINDER SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/39355/2025 · 2025-09-19

Yashvir Singh Rathor

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Judgment text

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CRM-M-39355-2025 1 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39355-2025 Date of decision: 19.09.2025 BHUPINDER SINGH AND ANOTHER ...Petitioners VERSUS STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Ms. Navyugpreet Brar, Advocate for Mr. Sarju Puri, Advocate for the petitioners. Mr. Rahul Jindal, AAG, Punjab. Ms. Kudrat Sareen, 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.78 dated 18.06.2018 registered under Sections 323, 324, 341, 34 of IPC at Police Station Kathgarh, District SBS Nagar along with all subsequent proceedings arising therefrom including the judgment of conviction and order of sentence dated 13.11.2024 (Annexure P-2), on the basis of compromise dated 02.04.2025 (Annexure P-3). 2. This Court vide order dated 25.07.2025 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send Priyanka Thakur 2025.09.19 15:47 I attest to the accuracy and integrity of this document CRM-M-39355-2025 2 his/her report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before learned Chief Judicial Magistrate and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 20.08.2025 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 learned counsel for respondent No.2 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 F.I.R. following the principles laid down by this Court in 2013 (4) RCR (Criminal) 102 titled as ‘Sube Singh and another versus State of Haryana and another’ and the Hon'ble Supreme Court in Criminal Appeal No.1393 of 2011, LL 2021 SC 589 titled as ‘Ramawtar Versus State of Madhya Pradesh’ decided on 25.10.2021, this petition is allowed and judgment and order of sentence dated 13.11.2024 (Annexure P-2) passed by ld. Sub-Divisional Judicial Magistrate, Balachaur and all subsequent proceedings arising therefrom on the basis of compromise qua petitioners, are hereby quashed. 6. Pending misc. application(s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) 19.09.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Priyanka Thakur 2025.09.19 15:47 I attest to the accuracy and integrity of this document