Kirpal Singh and Others Vs State of Punjab and Others

Th i s petition has been filed un d er Section 528 BNSS, 2023 seeking quash i ng of FIR No.24 dated 15.03.2024 under Sections 307/323/148/14 9 /506/34 of IPC (Section 324 o f IPC added later on) registered at Police Statio n Ladhowal, District Ludhiana (Annexure P-1) as well as final report under Se c tion 173 Cr.P.C. presented qu a petitioner No.1 (Annexure P- 8) along with a ll subsequent proceedings aris i ng therefrom on the basis of compromise da t ed 11.12.2024 (Annexure P-5).

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Th e following order was passed on 04.04.2025 :-

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“By way of present peti t ion filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioners seek quashing of FIR (Annexur e P-1) and all consequential proceedings arising ther e from on the basis of compromise/settlement dated 1 1 .12.2024 (Annexure P-5) executed between the parties. Details of t h e FIR are as follows:

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FIR No.	Dated	Sections	Police Station
24	15.03.2024	307, 323, 148,	Ladhowal,
		149, 506, 34	District

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MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment

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CRM-M-18345-2025

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2

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IPC; (324 IPC	Ludhiana
added later
on)

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2. It is, inter alia, conte n ded by learned counsel for the petitioners that the instant FI R has been got registered at the instance of respondent No.2, w herein respondent Nos.3 to 5 are victims. He contends that the of f ence under Section 307 IPC is not made out as all the injuries a lleged to have been caused are simple in nature and not on the v ital part of the body. He contends that after the completion of investigation, challan has been presented against petitioner No.1 and in the meanwhile, with the intervention of respectables, compromise has been effected between the parties on 11.12.2024 copy of which is annexed as Annexure P-5, on the basis w h ereof quashing of FIR has been sought.

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3. Notice of motion.

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4. On the asking of the C ourt, Mr. Rajinder Singh Bhatta, DAG Punjab accepts notice on behalf of the State and on instructions from ASI Surender Singh, Investigating Officer of the case present in Court, intimate s that all the injuries attributed in the case happen to be simple in nature and not on the vital part of the body. He has also not disp u ted that all the parties to the FIR have been impleaded in the petition and challan has been presented only qua petition e r No.1, which is pending for 27.07.2025 for consideration on charge.

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5. Mr. Sachin Jain, Advoca t e has put in appearance on behalf of respondent Nos.2 to 5 and filed his power of attorney. He admits the factum of compro m ise effected between the parties voluntarily and without any pre s sure.

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6. Accordingly, the privat e parties are directed to appear before the concerned trial Cou r t/Illaqa Magistrate/Judge on duty on 29.04.2025 or any other d ate, convenient to the Court for recording their statements with regard to compromise/settlement, subject to cost of Rs.30,000/- t o be deposited by the petitioners in the Society for the Care of the B lind (details of which is mentioned below), before the date of r e cording of their statements and

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MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment

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CRM-M-18345-2025

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3

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produce the receipt of the same to the trial Court/Illaqa Magistrate: -

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Name of the Account Holder	Soci Cha ety for Care of Blind, Sector 26, ndigarh.
Bank Account Number	1050 6615304
IFSC Code	SBIN 0003246
MICR Code	1600 02014
Bank Name	State Cha (blin Bank of India, Sector 7, ndigarh [email protected] )
PAN Number	AAB TS8917R

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7. Trial Court/Illaqa Magi s trate/ Judge on duty is directed to submit its report specifically para wise on or before the next date of hearing containing the following information:-

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1. Number of persons ar r ayed as accused in FIR.

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2. Whether any accused i s proclaimed offender.

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3. Whether the compr o mise is genuine, voluntary and without any coercion or u ndue influence.

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4. Whether the accused p ersons are involved in any other case or not.

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5. The trial Court is als o directed to record the statement of the Investigation Officer as to how many victims/complainants ar e there in the FIR. 6. The trial Court is al s o directed to report whether the cost, if any, so imposed by this Court has been deposited or not?

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8. To await report of the tri a l Court, adjourned to 09.05.2025 9. The concerned learne d Sessions Judge is directed to communicate the aforesaid rep o rt of the concerned trial Court to this Court through e-mail on or before the next date of hearing.”

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In c ompliance of the aforesaid or d er, a report has been received

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from the conc e rned jurisdictional Court that the compromise between the parties is genuine and arrived at without a n y pressure or coercion from anyone.

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Le a rned counsel for the petitio n er submits that prima facie, offence under S ection 307 of IPC is not m a de out, as such, there is no

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MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment

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CRM-M-18345-2025

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4

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embargo in qua s hing of the FIR (supra) in term s of compromise in view of the judgment passe d by the Hon’ble Supreme Cou r t of India in case of The State of Madhya Pradesh vs. Laxmi Narayan and others, 2019 (5) SCC 688.

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In v iew of the compromise and th e ratio of law laid down by the Hon’ble Supre m e Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 46 , 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 a nd FIR No.24 dated 1 5.03.2024 under Sections 307/323/148/14 9 /506/34 of IPC (Section 324 o f IPC added later on) registered at Police Statio n Ladhowal, District Ludhiana (Annexure P-1) as well as final report under Se c tion 173 Cr.P.C. presented qu a petitioner No.1 (Annexure P- 8) and all cons e quential proceedings arising ou t of the same are quashed, qua the petitioners.

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May 16, 2025 manisha	(H ARPREET SINGH BRAR) JUDGE
(i)	Whether speaking/reasoned Yes/No
(ii)	Whether reportable Yes/No

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MANISHA 2025.05.19 17:19 I attest to the accuracy and authenticiy of this order/judgment

Kirpal Singh and Others v. State of Punjab and Others

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Kirpal Singh and Others v. State of Punjab and Others

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