Allowed¶22

Gurtej Singh and Another v. State of Punjab and Others

Punjab & Haryana HC26 May 2025CRM-M/1485/2025

Case brief

AI extract

What is this about?

CRM-M-1485-2025, High Court of Punjab & Haryana at Chandigarh, decided 26.05.2025 by Manjari Nehru Kaul, J. (oral). Quashing of FIR on the basis of compromise: FIR No.187 dated 02.11.2024, PS Lehra, District Sangrur, under Sections 331(6), 109, 115(2), 324(4), 351(2), 3(5) BNS 2023 and Sections 25, 27 Arms Act 1959; compromise dated 07.12.2024 verified by Judicial Magistrate Ist Class, Moonak as voluntary and without coercion; private respondents gave no objection; petition allowed relying on Gian Singh (2012) 10 SCC 303 and Kulwinder Singh 2007(3) RCR (Criminal) 1052 (Full Bench, Punjab & Haryana HC); FIR and all consequential proceedings quashed.

What did the court decide?

Quashing of FIR No.187 dated 02.11.2024 registered at Police Station Lehra, District Sangrur, and of all consequential proceedings arising out of it.

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

What the court decided

AI extract

Outcome

Quashing of FIR No.187 dated 02.11.2024 registered at Police Station Lehra, District Sangrur, and of all consequential proceedings arising out of it.

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Issue for consideration

Whether FIR No.187 dated 02.11.2024, registered at Police Station Lehra, District Sangrur, under Sections 331(6), 109, 115(2), 324(4), 351(2), 3(5) of the BNS, 2023 and Sections 25 and 27 of The Arms Act, 1959, can be quashed on the basis of the compromise arrived at between the parties. +1 more

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Court's answer

In view of the report of the learned Judicial Magistrate Ist Class, Moonak, and the principles laid down by the Apex Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and by the Full Bench of this Court in Kulwinder Singh v. State of Punjab, 2007(3) RCR (Criminal) 1052, the instant petition is allowed and FIR No.187 and all consequential proceedings arising out of it are quashed.

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Ratio / Principle

On the report of the learned Judicial Magistrate Ist Class, Moonak, the compromise between the parties stands verified and confirmed as having been effected without any pressure or coercion and out of their free will.

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Key takeaways

The parties shall remain bound by the terms of the compromise and their statements recorded before the Court below.obiter¶23

Detailed headnote1 paragraphs

FIR No.187 dated 02.11.2024, registered at Police Station Lehra, District Sangrur, under Sections 331(6), 109, 115(2), 324(4), 351(2), 3(5) of the BNS, 2023 and Sections 25 and 27 of The Arms Act, 1959, quashed on the basis of compromise dated 07.12.2024 between the parties. Acting on the report of the learned Judicial Magistrate Ist Class, Moonak confirming that the compromise was effected voluntarily, without pressure or coercion and out of the parties' free will, and that the private respondents (the aggrieved persons) had no objection, the Court allowed the petition relying on the principles laid down in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and the Full Bench ruling in Kulwinder Singh v. State of Punjab, 2007(3) RCR (Criminal) 1052. All consequential proceedings arising out of the FIR stand quashed, and the parties remain bound by the terms of the compromise and their statements recorded before the Court below.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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293

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CRM-M-1485-2025 Date of decision: May 26^th , 2025

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Gurtej Singh and another

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.....Petitioners

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Versus

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State of Punjab and others

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. Sumeet Puri, Advocate (through V.C.) for the petitioners.

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Mr. Sahil Chaudhary, Assistant Advocate General, Punjab. Mr. Arun Kumar Gupta, Advocate for respondent Nos.2 and 3.

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MANJARI NEHRU KAUL, J. (ORAL)

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Prayer in the instant petition is for quashing of FIR No.187 dated 02.11.2024 under Sections 331(6), 109, 115(2), 324(4), 351(2), 3(5) of the BNS, 2023 and Sections 25 and 27 of The Arms Act, 1959, registered at Police Station Lehra, District Sangrur, on the basis of compromise dated 07.12.2024 (Annexure P-2).

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Vide order dated 01.04.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 30.04.2025 to get their statements recorded regarding the compromise arrived at, between them.

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Report has since been received from learned Judicial Magistrate Ist Class, Moonak, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between

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PUNEET SACHDEVA 2025.05.26 12:16 I attest to the accuracy and integrity of this document Chandigarh

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-2-

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CRM-M-1485-2025

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the parties stands verified and confirmed. As per the report 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-petitioners is quashed.

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The trial Court has annexed the statements of the parties in original, along with its report.

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Learned State counsel too submits that there are no other accused other than the petitioners and respondent Nos.2 and 3 are the only aggrieved persons in the FIR in question.

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In view of the report of the learned Judicial Magistrate Ist Class, Moonak, 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.

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Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.

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May 26^th , 2025 (MANJARI NEHRU KAUL) Puneet JUDGE

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

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PUNEET SACHDEVA 2025.05.26 12:16 I attest to the accuracy and integrity of this document Chandigarh

Gurtej Singh and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Gurtej Singh and Another v. State of Punjab and Others

Case brief

What is this about?

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What the court decided

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