Allowed¶38

Jasdeep Singh Alias Soni and Others v. State of Punjab and Another

Punjab & Haryana HC3 May 2025CRM-M/13718/2025

Case brief

AI extract

What is this about?

Compromise-based quashing of criminal FIR; CRM-M-13718-2025; Jasdeep Singh Alisa Soni and Others v. State of Punjab and Another; FIR No.48 dated 25.05.2024, Sections 341, 324, 323, 506, 34 IPC, PS Bassi Pathana, District Fatehgarh Sahib; Section 528 BNSS 2023; Narinder Singh (2014) 6 SCC 466; Shakuntala Sawhney (1980) 1 SCC 63; Kulwinder Singh 2007 (3) RCR (Crl.) 1052 (Full Bench P&H); FIR and consequential proceedings quashed qua petitioners; Justice Harpreet Singh Brar; decided 03.05.2025.

What did the court decide?

Quashing of FIR No.48 dated 25.05.2024 under Sections 341, 324, 323, 506 and 34 of IPC registered at Police Station Bassi Pathana, District Fatehgarh Sahib, along with all subsequent proceedings arising therefrom, qua the petitioners, on the basis of compromise dated 21.02.2025 (Annexure P-2). ¶38

Jasdeep Singh Alias Soni and Others Vs State of Punjab and Another — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.48 dated 25.05.2024 under Sections 341, 324, 323, 506 and 34 of IPC (PS Bassi Pathana, District Fatehgarh Sahib), along with all subsequent proceedings arising therefrom, is liable to be quashed on the basis of the compromise dated 21.02.2025 arrived at between the parties.

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Court's answer

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh (2014) 6 SCC 466 and Shakuntala Sawhney (1980) 1 SCC 63, and the Full Bench of this Court in Kulwinder Singh 2007 (3) RCR (Crl.) 1052, this petition is allowed.

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Ratio / Principle

FIR No.48 dated 25.05.2024 (Sections 341, 324, 323, 506 and 34 IPC, PS Bassi Pathana, District Fatehgarh Sahib), along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.02.2025 (Annexure P-2), are quashed qua the petitioners.

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Detailed headnote1 paragraphs

Punjab & Haryana High Court (Harpreet Singh Brar, J., oral), 03.05.2025 - CRM-M-13718-2025: Petition under S.528 BNSS 2023 for quashing of FIR No.48 dated 25.05.2024 under Sections 341, 324, 323, 506 and 34 IPC (PS Bassi Pathana, Distt. Fatehgarh Sahib) on the basis of compromise dated 21.02.2025 (Annexure P-2). Interim order of 12.03.2025 directed recording of statements before the Illaqa Magistrate; the jurisdictional Court reported the compromise genuine and free from pressure or coercion. Relying on Narinder Singh (2014) 6 SCC 466, Shakuntala Sawhney (1980) 1 SCC 63 and the Full Bench decision in Kulwinder Singh 2007 (3) RCR (Crl.) 1052, the Court allowed the petition and quashed the FIR and all consequential proceedings qua the petitioners.

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CRM-M-13718-2025

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255 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-13718-2025 Date of Decision:03.05.2025

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JASDEEP SINGH ALISA SONI AND OTHERS

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...Petitioners

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Vs.

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STATE OF PUNJAB AND ANOTHER

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...Respondents

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CORAM:- HON'BLE MR. JUSTICE HARPREET SINGH BRAR

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Present: Mr. S.S. Sarwara, Advocate for Mr. Swarn Tiwana, Advocate for the petitioners.

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Mr. Rishabh Singla, AAG, Punjab.

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Ms. Gurpreet Kaur, Advocate for Mr. Kanwaljit Singh, Advocate for respondent No.2.

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HARPREET SINGH BRAR, J. (Oral)

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This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.48 dated 25.05.2024 under Sections 341, 324, 323, 506 and 34 of IPC registered by respondent No.2 at Police Station Bassi Pathana, District Fatehgarh Sahib, along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.02.2025 (Annexure P-2), arrived at between the parties.

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The following order was passed on 12.03.2025:

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“ This petition has been filed for quashing of FIR No.48, dated 25.05.2024 registered under Sections 341, 324, 323, 506 and 34 of IPC registered by respondent no.2 at Police Station Bassi Pathana, District Fatehgarh Sahib along with all

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KUMUD VERMA 2025.05.05 13:19 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-13718-2025

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consequential proceedings arising therefrom, on the basis of compromise dated 21.02.2025 (Annexure P-2) arrived at between the parties.

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Counsel for the petitioner has mentioned in memo of parties of the petition that the petitioners have not been declared as proclaimed persons.

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Notice of motion.

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Ms. Ruchika Sabherwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1-State and Mr. Kanwaljeet Singh, Advocate accepts notice on behalf of respondent No.2 and has filed his vakalatnama. The same is taken on record. He has admitted the factum of compromise effected between the parties.

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The parties and Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on 01.04.2025 or any other future date as per its convenience or on request of the parties for getting their statements recorded with regard to the compromise. However, it is made clear that no further adjournment shall be granted to the parties for that purpose. The Illaqa/Duty Magistrate shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the following:-

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1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/proclaimed person(s), in the case;

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2.the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

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3. the stage of trial/proceedings pending;

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4. if the compromise is genuine, voluntary and out of free will of the parties.

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5. Whether any other criminal case pending against the accused.

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Report of Illaqa/Duty Magistrate be awaited for 03.05.2025.

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The trial Court shall ensure that the

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KUMUD VERMA 2025.05.05 13:19 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-13718-2025

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complainants(s)/victim(s) is/are duly identified by the local counsel while recording his/her/their statement. Simultaneously photographs of the complainant(s)/victim(s) be also affixed on his/her/their statement by the trial Court.”

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In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

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In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 , this petition is allowed and FIR No.48 dated 25.05.2024 under Sections 341, 324, 323, 506 and 34 of IPC registered by respondent No.2 at Police Station Bassi Pathana, District Fatehgarh Sahib, along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.02.2025 (Annexure P-2) are quashed, qua the petitioners.

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(HARPREET SINGH BRAR) JUDGE

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03.05.2025 kv

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

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KUMUD VERMA 2025.05.05 13:19 I attest to the accuracy and integrity of this document Chandigarh

Jasdeep Singh Alias Soni and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Jasdeep Singh Alias Soni and Others v. State of Punjab and Another

Case brief

What is this about?

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What the court decided

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