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2026 DAILYLAW 31295 (PNJ)

AVTAR SINGH ALIAS TARI v. STATE OF PUNJAB AND OTHERS

CRM-M/28084/2026 · 2026-07-17

Sanjay Vashisth

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136 CRM-M-28084-2026 (O&M) Decided on : 17.07.2026 Avtar Singh alias Tari . . . Petitioner(s) Versus State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. L.S. Mann, Advocate (through V.C.) for the petitioner(s). Mr. Manjinder S. Bhullar, DAG, Punjab. Ms. Palak Arora, Advocate for Dr. Hardeep Singh, Advocate, for respondents No.2 to 4. **** SANJAY VASHISTH , J. (Oral) CRM-26641-2026 I. In the present application, on 09.07.2026 following order was passed by this Court:- “1. Present application has been filed under Section 528 of BNSS, seeking pre-ponement of date of hearing of main case i.e. CRM-M-28084- 2026. 2. In the present quashing petition vide order dated 21.05.2026, parties were directed to get their statements recorded by appearing before the Court of learned trial Court/Illaqa Magistrate on 10.06.2026. Such direction was subject to payment of costs of Rs. 50,000/- with Spinal Rehab Centre, Chandigarh. 3. Learned counsel for the applicant-petitioner submits that the cost amount has already been deposited and thereupon on 10.06.2026, parties from both the sides appeared and got recorded their statements in regard to the compromise/settlement between them. 4. Report in regard to the said compromise is yet to be received by this Court. 5. List again on 17.07.2026, awaiting report. 6. Let a reminder be forwarded to the concerned trial Court/Illaqa Magistrate for sending report in regard to the compromise before the next date of hearing.” II. Today, in compliance to order dated 09.07.2026, report dated 13.07.2026, in regard to compromise has been received from learned JMIC, Nakodar. According to which, parties have recorded their respective JAWALA RAM 2026.07.20 13:46 I attest to the accuracy and authenticity of this document CRM-M-28084-2026 (O&M) - 2 - statements qua the factum of compromise, besides submitting of copy of receipt dated 20.06.2026, qua the deposit of cost amount in the Chandigarh Spinal Rehab. III. In view thereof, prayer made in the present application is allowed. Accordingly, date of hearing in the main case, i.e., CRM-M-28084- 2026, is advanced from 12.08.2026 to 17.07.2026, i.e., today itself. IV. CRM stands disposed of. CRM-M-28084-2026 1. In view of the orders of even date passed in CRM-26641-2026, main case is taken up for hearing today itself. 2. Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR) as well as all the consequential proceedings arising therefrom including impugned order dated 30.11.2009 (P-8), passed by trial Court, vide which, petitioner has been declared as proclaimed offender, on the basis of the compromise-deed dated 16.04.2026 (Annexure P-9), effected between the parties. DETAILS OF CRIMINAL CASE:- FIR No. Date Section(s) Police Station District 182 31.07.2008 S. 326, 324, 323, 452 of IPC [corresponding S. 118(2), 118(1), 115(2) & 333 of BNS, 2023] Shahkot Jalandhar 3. Vide order dated 21.05.2026, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate for getting their respective statements recorded with regard to the compromise. Besides, impugned order dated 30.11.2009 (P-8), was set-aside subject to the payment of costs of Rs.50,000/- to be paid by the petitioner to JAWALA RAM 2026.07.20 13:46 I attest to the accuracy and authenticity of this document CRM-M-28084-2026 (O&M) - 3 - the ‘Spinal Rehab Centre, Chandigarh, Plot No.1, Madhya Marg, Sector- 28/A, Chandigarh’ within a period of 07 days and petitioner was directed to appear before trial Court by way of filing an appropriate application along with receipt of costs within a period of 10 days from the date of order passed by the Coordinate Bench of this Court, i.e., 21.05.2026. Case was adjourned to 12.08.2026 with direction to the State to file status report before the said date of hearing. 4. Report has since been received from learned Judicial Magistrate Ist Class, Nakodar, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused- petitioners is quashed. 5. The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is reproduced here-below: Sr. No. Description 1. Total number of persons found involved as accused in the dispute/FIR One 2. Number of complainant/victim(s) Three 3. Whether all the accused and complainant / victims are party to compromise & signed the same Yes 4. In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR No His/her statement is still to be recorded, in compliance to the direction of this Court, details of such -- JAWALA RAM 2026.07.20 13:46 I attest to the accuracy and authenticity of this document CRM-M-28084-2026 (O&M) - 4 - person 5. Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication No 6. Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes 7. Any other aspect relevant to the present case. All the relevant aspects have been detailed above. 6. Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved person in the FIR in question. 7. In view of the report of the learned Judicial Magistrate Ist Class, Nakodar, and the principles laid down by Hon’ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 8. Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 9. Petition stands disposed of. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE July 17, 2026 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2026.07.20 13:46 I attest to the accuracy and authenticity of this document