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

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

What the court decided

AI extract

Outcome

Quashing of FIR No.194 dated 16.12.2024 (Sections 115(2), 118(1), 333, 191(3), 190 BNS) and DDR No.31 dated 01.01.2025 (Section 118(2) BNS) registered at Police Station Boha, District Mansa, Punjab, alongwith all consequential proceedings arising therefrom, qua the petitioners.

Issue for consideration

Whether FIR No.194 dated 16.12.2024 under Sections 115(2), 118(1), 333, 191(3), 190 BNS and DDR No.31 dated 01.01.2025 under Section 118(2) BNS registered at Police Station Boha, District Mansa, Punjab, alongwith consequential proceedings, can be quashed on the basis of the compromise/affidavit dated 08.01.2025 between the parties. +1 more

Court's answer

In view of the satisfaction shown by the Court below as to the genuineness and voluntariness of the compromise, the non-serious nature of the offences charged, the benefit of the compromise to the parties, and the law laid down in Gian Singh and Kulwinder Singh, the petition for quashing the FIR is allowed qua the petitioners.

Ratio / Principle

The present petition for quashing the FIR is allowed qua the petitioners.

Key takeaways

FIR No.194 dated 16.12.2024 under Sections 115(2), 118(1), 333, 191(3), 190 BNS and DDR No.31 dated 01.01.2025 under Section 118(2) BNS registered at Police Station Boha, District Mansa, Punjab (Annexure P-1), alongwith all consequential proceedings arising therefrom, are quashed qua the petitioners.ratio¶26

Detailed headnote1 paragraphs

Punjab and Haryana High Court (N. S. Shekhawat, J., oral), decision dated 21.07.2025 in CRM-M-15131-2025: Petition under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.194 dated 16.12.2024 under Sections 115(2), 118(1), 333, 191(3), 190 BNS and DDR No.31 dated 01.01.2025 under Section 118(2) BNS, registered at Police Station Boha, District Mansa, Punjab (Annexure P-1), alongwith consequential proceedings, on the basis of compromise/affidavit dated 08.01.2025 (Annexure P-3). On notice of motion (order dated 20.03.2025), parties were directed to appear before the Illaqa Magistrate/trial Magistrate; statements were recorded before the learned Judicial Magistrate 1st Class, Budhlada, whose report dated 04.04.2025 recorded satisfaction that the compromise is genuine, voluntary and without coercion or undue influence. Holding the offences charged to be not of serious nature, and 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 Court allowed the petition and quashed the FIR, the DDR and all consequential proceedings arising therefrom qua the petitioners.

CRM-M-15131-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

372

CRM-M-15131-2025 Date of Decision: 21.07.2025

KHUSHWINDER SINGH AND OTHERS

...PETITIONERS

Versus

STATE OF PUNJAB AND ORS

... RESPONDENTS

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

Present: Mr. Neesh Garg, Advocate for the petitioner.

Mr. Ravneet Singh Joshi, Deputy, A.G., Punjab.

Ms. Nanika Bansal, Advocate for respondents No.2 & 3 (Through V.C.)

N. S. SHEKHAWAT, J. (Oral)

The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of an FIR No.194 dated 16.12.2024 under Sections 115(2), 118(1), 333, 191(3), 190 BNS and DDR No.31 dated 01.01.2025 under Section 118(2) BNS registered at Police Station Boha, District Mansa, Punjab (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise/affidavit dated 08.01.2025 (Annexure P-3).

VIPIN KUMAR 2025.07.22 14:04 I attest to the accuracy and integrity of this judgment/order

CRM-M-15131-2025

Vide order dated 20.03.2025, 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 08.01.2025 (Annexure P-3).

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1^st Class, Budhlada and got their statements recorded. Report dated 04.04.2025 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.

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 petitioners.

Resultantly, FIR No.194 dated 16.12.2024 under Sections 115(2), 118(1), 333, 191(3), 190 BNS and DDR No.31

VIPIN KUMAR 2025.07.22 14:04 I attest to the accuracy and integrity of this judgment/order

CRM-M-15131-2025

dated 01.01.2025 under Section 118(2) BNS registered at Police Station Boha, District Mansa, Punjab (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

21.07.2025. (N. S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No

VIPIN KUMAR 2025.07.22 14:04 I attest to the accuracy and integrity of this judgment/order