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2026 DAILYLAW 34294 (PNJ)

HARMAIL SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/29839/2026 · 2026-07-27

Alok Jain

body2026

Judgment text

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CRM-M-29839-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (292-1) CRM-M-29839-2026 Date of Decision:- 27.07.2026 Harmail Singh and another ……Petitioners Versus State of Punjab and another ……Respondents CORAM: HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. Gurinder Singh Dhillon, Advocate for the petitioners. Mr. Vaneesh Rai, DAG, Punjab. Mr. Devinder Kaushal, Advocate for respondent No. 2. ALOK JAIN, J. (Oral) 1. The instant petition has been filed under Section 528 BNSS seeking quashing of DDR No.41, dated 03.09.2021, registered under Sections 323, 341, 201 and 34 of IPC (Sections 115(2), 126, 238 and 3(5) of BNS, 2023 at Police Station Mullanpur District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom on the basis of the compromise dated 19.05.2026 (Annexure P-2). 2. Keeping in view the fact that the parties entered into a settlement, a Co-ordinate Bench of this Court vide order dated 25.05.2026 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 06.06.2026 has been received from Additional District and Sessions Judge, SAS Nagar (Mohali) stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2026.07.28 17:09 I attest to the accuracy and authenticity of this document/order CRM-M-29839-2026 2 3. Learned State counsel and learned counsel for respondent No.2 admit the factum of compromise and submit that they have no objection in quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among themselves in a bona fide manner. 5. Consequently, the present petition is allowed. DDR No.41, dated 03.09.2021, registered under Sections 323, 341, 201 and 34 of IPC (Sections 115(2), 126, 238 and 3(5) of BNS, 2023 at Police Station Mullanpur District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs.15,000/- to be deposited by the petitioners and Rs. 10,000/- to be deposited by respondent No. 2 within a period of one month from today in Nishkam Sewa Group (run by Punjab and Haryana High Court Lawyers at Chandigarh. (ALOK JAIN) July 27, 2026 JUDGE parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2026.07.28 17:09 I attest to the accuracy and authenticity of this document/order