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2025 DAILYLAW 92536 (PNJ)

JOBANJEET SINGH AND ORS v. STATE OF PUNJAB AND ANOTHER

CRM-M/49283/2024 · 2025-05-29

H S Grewal

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Judgment text

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CRM-M-49283-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228 CRM-M-49283-2024 Date of decision : 29.05.2025 Jobanjeet Singh and others ... Petitioners Versus State of Punjab and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. G. K.Moudgil, Advocate, for the petitioner. Mr. H. S. Wadhwa, DAG, Punjab. Mr. J. S. Dhaliwal, Advocate, for respondent Nos.2 & 3. *** H.S. GREWAL, J.(Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing FIR No.0059 dated 13.08.2024 under Sections 333, 115(2), 118(1), 126(2), 351(3), 191(3), 190 of BNS of 2023 and under Sections 25 and 27 of Arms Act, 1959 registered at Police Station Verka, District Police Commissionerate Amritsar, District Amritsar, along with all subsequent proceedings arising therefrom in view of the compromise dated 20.09.2024 (Annexure P-2). 2. This Court vide order dated 01.10.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Trial Court/Illaqa Magistrate/CJM 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 Ist Class, Amritsar, and got their statements ANIL KUMAR 2025.05.30 14:25 I attest to the accuracy and integrity of this document CRM-M-49283-2024 -2- recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 22.11.2024 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 respondent Nos.2 & 3 has 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 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.0059 dated 13.08.2024 under Sections 333, 115(2), 118(1), 126(2), 351(3), 191(3), 190 of BNS of 2023 and under Sections 25 and 27 of Arms Act, 1959 registered at Police Station Verka, District Police Commissionerate Amritsar, District Amritsar,, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 20.09.2024 (Annexure P-2) are quashed qua the petitioners. (H.S.GREWAL) JUDGE 29.05.2025 anil Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ANIL KUMAR 2025.05.30 14:25 I attest to the accuracy and integrity of this document