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

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

What the court decided

AI extract

Outcome

Quashing of FIR No.0001 dated 03.01.2023 (Sections 351(2), 221, 79 of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Kotbhai, District Sri Muktsar Sahib) and all subsequent proceedings arising therefrom, qua the petitioners, on the basis of compromise dated 03.03.2025.

Issue for consideration

Whether FIR No.0001 dated 03.01.2023 (Sections 351(2), 221, 79 of Bharatiya Nyaya Sanhita, 2023, PS Kotbhai, District Sri Muktsar Sahib) and all subsequent proceedings arising therefrom should be quashed on the basis of the compromise dated 03.03.2025. +1 more

Court's answer

Given the compromise, no useful purpose would be served in continuing with the proceedings before the trial Court in the instant FIR.

Ratio / Principle

Proceeding on the Magistrate's report and the absence of any dispute by State counsel or counsel for respondent no.2, the Court accepted the factum of a genuine, voluntary inter-se compromise as the basis for its decision.

Key takeaways

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) and as approved by the Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed.ratio¶24
The FIR and all subsequent proceedings arising therefrom stand quashed qua the petitioners, on the basis of the compromise dated 03.03.2025 (Annexure P-2).ratio¶24

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Manisha Batra, J., oral) allowed CRM-M-17749-2025(O&M) filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 and quashed FIR No.0001 dated 03.01.2023, registered at Police Station Kotbhai, District Sri Muktsar Sahib under Sections 351(2), 221 and 79 of Bharatiya Nyaya Sanhita, 2023, along with all subsequent proceedings arising therefrom, qua the petitioners, on the basis of the compromise dated 03.03.2025 (Annexure P-2). Acting on the report dated 28.04.2025 of the Judicial Magistrate 1st Class, Gidderbaha that the compromise was effected voluntarily and without coercion or undue influence, and upon State counsel and counsel for respondent no.2 not disputing the factum of compromise, the Court held that no useful purpose would be served by continuing the trial-court proceedings, following the principles laid down by the Full Bench in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, as approved by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303.

CRM-M-17749-2025(O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

310

CRM-M-17749-2025(O&M) Date of Decision: 15.05.2025

NATHA SINGH & ANOTHER VERSUS STATE OF PUNJAB AND ANOTHER

VERSUS

....Petitioners

....Respondents

CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA

Present : Mr. Guneet Babbar, Advocate for Mr. T.P.S. Makkar, Advocate for the petitioners.

Mr. Vivek Sharma, AAG, Punjab.

Mr. Karamveer Singh, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0001 dated 03.01.2023 under Sections 351(2), 221, 79 of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Kotbhai, District Sri Muktsar Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated 03.03.2025 (Annexure P-2).

Vakalatnama has been filed on behalf of respondent no.2. The same is taken on record and be tagged at the appropriate place.

This Court vide order dated 01.04.2025 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.

Deepak Patwal 2025.05.16 09:02 I attest to the accuracy and integrity of this document

CRM-M-17749-2025(O&M)

2

Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1^st Class, Gidderbaha and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 28.04.2025 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 respondent No.2 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. 7. 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.0001 dated 03.01.2023 under Sections 351(2), 221, 79 of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Kotbhai, District Sri Muktsar Sahib and all subsequent proceedings arising therefrom on the basis of compromise dated 03.03.2025 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA ) 15.05.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No

Deepak Patwal 2025.05.16 09:02 I attest to the accuracy and integrity of this document