Jagbir Singh and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Jagbir Singh and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.16 dated 21.01.2025 registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS, 2023 at Police Station Gharinda, District Amritsar, and all subsequent proceedings arising therefrom, qua the petitioner, on the basis of compromise dated 11.03.2025 (Annexure P-2).

Issue for consideration

Whether FIR No.16 dated 21.01.2025, registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS, 2023 at Police Station Gharinda, District Amritsar, and all subsequent proceedings arising therefrom, may be quashed on the basis of the compromise dated 11.03.2025 (Annexure P-2) between the parties.

Court's answer

Since the Chief Judicial Magistrate, Amritsar reported (report dated 24.04.2025) that the compromise had been effected voluntarily and without coercion or undue influence, and neither learned State counsel nor counsel for respondents No.2 and 3 disputed the factum of compromise, no useful purpose would be served by continuing with the proceedings before the trial Court in the instant FIR.

Ratio / Principle

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) as approved by the Hon'ble Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed and FIR No.16 dated 21.01.2025 registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS, 2023 and all subsequent proceedings arising therefrom are quashed qua the petitioner on the basis of compromise dated 11.03.2025 (Annexure P-2).

Detailed headnote1 paragraphs

Punjab and Haryana High Court, CRM-M-14782-2025, decided 19.05.2025 (Manisha Batra, J., oral). Petition seeking quashing of FIR No.16 dated 21.01.2025, registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS,2023 at Police Station Gharinda, District Amritsar, along with all subsequent proceedings, on the basis of compromise dated 11.03.2025 (Annexure P-2). On directions issued vide order dated 19.03.2025, the parties appeared before the Chief Judicial Magistrate, Amritsar and got their statements recorded; the Magistrate's report dated 24.04.2025 found the compromise to have been effected voluntarily and without coercion or undue influence, and neither the State nor respondents No.2 and 3 disputed the factum of compromise. Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) as approved by the Hon'ble Supreme Court in Gian Singh ((2012) 10 SCC 303), the Court held that no useful purpose would be served by continuing the trial Court proceedings and allowed the petition, quashing the FIR and all subsequent proceedings arising therefrom qua the petitioner.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

317

CRM-M-14782-2025 Date of Decision: 19.05.2025

Jagbir Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE MANISHA BATRA

Present: Ms. Navjot Kaur, Advocate for Mr. B.S. Bhalla, Advocate for the petitioners.

Mr. Malkit Singh Dhillon, D.A.G., Punjab for respondent No.1.

Mr. Harvinder Singh, Advocate for Mr. Mandeep Kanwar, Advocate for respondent No.2. *****

MANISHA BATRA, J. (ORAL)

The present petition has been filed under for quashing of FIR No.16 dated 21.01.2025 registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS,2023, at Police Station Gharinda, District Amritsar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 11.03.2025 (Annexure P-2).

2 . This Court vide order dated 19.03.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Amritsar and got their statements

NISHA 2025.05.21 17.44 I attest to the accuracy and integrity of this document

CRM-M-14782-2025 -2-

recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 24.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as counsel for respondents No.2 and 3 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , this petition is allowed and FIR No.16 dated 21.01.2025 registered under Sections 115(2), 118(2), 324(4), 351(2), 333, 3(5) of BNS,2023 and all subsequent proceedings arising therefrom on the basis of compromise dated 11.03.2025 (Annexure P-2) are quashed qua the petitioner.

( MANISHA BATRA) JUDGE May 19, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No

NISHA 2025.05.21 17.44 I attest to the accuracy and integrity of this document