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2026 DAILYLAW 37210 (PNJ)

HARSHPREET SINGH v. STATE OF PUNJAB AND OTHERS

CRM-M/37382/2026 · 2026-09-03

Sanjay Vashisth

body2026

Judgment text

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CRM-M-37382-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. 213-2 CRM-M-37382-2026 (O&M). Date of Decision: 03.09.2026. Harshpreet Singh ....Petitioner. VERSUS State of Punjab and others ....Respondents. *** CORAM : HON'BLE MR. JUSTICE SANJAY VASHISTH --- Present: Mr. Angrej Singh, Advocate for the petitioner. Mr. Adeshwar Singh Pannu, Assistant Advocate General, Punjab. Mr. Jaswinder Singh Rana, Advocate for respondents No.2 and 3. **** SANJAY VASHISTH, J. (Oral) The present petition under Section 528, BNSS, 2023, has been filed by the petitioner, for quashing of FIR No.83 dated 10.04.2026, for the offences punishable under Sections 109, 115(2), 3(5) of BNS, 2023 and Section 25 of Arms Act, registered at Police Station Urban Estate, District Patiala, with all consequential proceedings arising therefrom, on the basis of compromise dated 03.07.2026 (Annexure P-2). 2. Vide order dated 13.07.2025, 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. 3. Report has since been received from learned Judicial Magistrate Ist Class, Patiala, in pursuance to the directions of this Court wherein, the JAWALA RAM 2026.09.03 19:54 I attest to the accuracy and integrity of this document CRM-M-37382-2026 (O&M) 2 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-petitioner is quashed. 4. 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 Two (One Gurdharan Singh Mangat found innocent during investigation). 2. Number of complainant/victim(s) Two 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 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. JAWALA RAM 2026.09.03 19:54 I attest to the accuracy and integrity of this document CRM-M-37382-2026 (O&M) 3 5. Learned State counsel too submits that there are no other accused other than the petitioner and the private respondents are the only aggrieved person in the FIR in question. 6. With regard to offence under Section 109 of BNS, the argument is that only one shot was fired which did not cause any injury to the complainant/ victims. No such injury was suffered by complainant Jobanbir Singh @ Jobanvir Singh and his friend Sukhchain Singh, at whom the fire was aimed. 6. In view of the report of the learned Judicial Magistrate Ist Class, Patiala, 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. 7. Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 8. Petition stands disposed of. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE 03.09.2026 jitender Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No JAWALA RAM 2026.09.03 19:54 I attest to the accuracy and integrity of this document