Allowed

Harcharan Singh Cheema and Others v. State of Punjab and Others

Punjab & Haryana HC23 Oct 2024CRM-M/38754/2024

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS to quash an FIR registered at Ludhiana after the parties reached a compromise. The trial Magistrate verified the compromise as genuine and voluntary. Relying on Gian Singh and Kulwinder Singh, the High Court allowed the petition and quashed the FIR and consequential proceedings qua the petitioners.

What the court decided

AI extract

Harcharan Singh Cheema and Others Vs State of… — Quashing and FIR | Punjab & Haryana HC (2024)

¶1

CRM-M-38754-2024��

¶2

303

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M-38754-2024 Date of decision: 23.10.2024

¶5

HARCHARAN SINGH CHEEMA AND OTHERS

¶6

...Petitioner(s)

¶7

VERSUS

¶8

STATE OF PUNJAB AND OTHERS

¶9

...Respondent(s)

¶10

CORAM: HON'BLE MR. JUSTICE N. S. SHEKHAWAT

¶11

Present: Mr. Manbir Singh Batth, Advocate for the petitioner(s).

¶12

Mr. M. S. Bajwa, DAG, Punjab.

¶13

Mr. Sauman Singh Gill, Advocate for respondents No.2 and 3.

¶14

¶15

N. S. SHEKHAWAT, J. (Oral)

¶16

The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of an FIR No. 226 dated 29.08.2022 under Sections 323, 341, 427, 452, 506, 148 and 149 of IPC registered at Police Station Division-6, District Ludhiana (Annexure P-1) (offences under Section 307 and 452 IPC were deleted by Investigating Agency vide GD No.020 dated 08.12.2022 and offence under Section 451 was added) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 20.11.2023 (Annexure P-2).

¶17

Vide order dated 16.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 20.11.2023 (Annexure P-2).

¶18

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Ludhiana and got their statements recorded.

¶19

MAMTA 2024.10.25 14:59 I attest to the accuracy and integrity of this order/judgment

¶20

CRM-M-38754-2024��

¶21

Report dated 10.10.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

¶22

I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

¶23

Resultantly, FIR No. 226 dated 29.08.2022 under Sections 323, 341, 427, 452, 506, 148 and 149 of IPC registered at Police Station Division-6, District Ludhiana (Annexure P-1) (offences under Section 307 and 452 IPC were deleted by Investigating Agency vide GD No.020 dated 08.12.2022 and offence under Section 451 was added) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

¶24

(N. S. SHEKHAWAT) 23.10.2024 JUDGE M.Sikka

¶25

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶26

MAMTA 2024.10.25 14:59 I attest to the accuracy and integrity of this order/judgment

Harcharan Singh Cheema and Others v. State of Punjab and Others

Case brief

What is this about?

What the court decided

Harcharan Singh Cheema and Others v. State of Punjab and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandeep Kumar Kundu Vs State of Haryana and Anr.

Boby Alias Kundan Lal Vs State of Haryana

Ashwani Alias Sonu Vs State of Haryana

Sarabjit Singh Vs State of Punjab

Sakshit Bhandari and Anr. Vs State of Punjab and Others

Suraj Vs State of Haryana