Pardeep Kumar and Ors. Vs State of Punjab and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

Pardeep Kumar and Ors. Vs State of Punjab and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.75 dated 21.05.2023 under Sections 451, 323, 148, 149 of IPC registered at Police Station Passiana, District Patiala (Annexure P-1), alongwith all consequential proceedings arising therefrom, qua the petitioners.

Issue for consideration

Whether FIR No.75 dated 21.05.2023 under Sections 451, 323, 148, 149 of IPC registered at Police Station Passiana, District Patiala, alongwith all consequential proceedings arising therefrom, should be quashed on the basis of the compromise/affidavit dated 19.12.2024 between the parties.

Court's answer

In the light of the satisfaction shown by the Court below that the compromise is genuine, voluntary and without coercion or undue influence, considering that the offences with which the accused stand charged are not of a serious nature, and in view of the law laid down in Gian Singh and Kulwinder Singh, the petition for quashing the FIR is allowed qua the petitioners.

Ratio / Principle

FIR No.75 dated 21.05.2023 under Sections 451, 323, 148, 149 of IPC registered at Police Station Passiana, District Patiala (Annexure P-1), alongwith all consequential proceedings arising therefrom, are quashed qua the petitioners.

Detailed headnote1 paragraphs

Quashing of FIR on compromise — petition under Section 528 BNSS, 2023 for quashing FIR No.75 dated 21.05.2023 under Sections 451, 323, 148, 149 IPC registered at Police Station Passiana, District Patiala, and consequential proceedings, on the basis of compromise/affidavit dated 19.12.2024. Pursuant to direction dated 04.04.2025, parties recorded statements before the Judicial Magistrate 1st Class, Patiala; report dated 12.05.2025 showed the compromise to be genuine, voluntary and without coercion or undue influence. Since the offences charged were not of a serious nature, and relying on Gian Singh v. State of Punjab, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, the High Court allowed the petition and quashed the FIR and all consequential proceedings qua the petitioners.

CRM-M-18592-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

241 CRM-M-18592-2025 Date of Decision: 02.07.2025

PARDEEP KUMAR AND ORS.

...PETITIONERS

Versus

STATE OF PUNJAB AND ANR.

... RESPONDENTS

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

Present: Mr. Mayur Karkra, Advocate for the petitioners.

Mr. M.S. Bajwa, DAG, Punjab.

Mr. Jasdeep Singh Saluja, Advocate for Mr. Manmeet Singh, Advocate for respondent No.2.

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.75 dated 21.05.2023 under Sections 451, 323, 148, 149 of IPC registered at Police Station Passiana, District Patiala (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise/affidavit dated 19.12.2024 (Annexure P-2).

VIPIN KUMAR 2025.07.02 15:06 I attest to the accuracy and integrity of this judgment/order

CRM-M-18592-2025

Vide order dated 04.04.2025, 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 19.12.2024 (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1^st Class, Patiala and got their statements recorded. Report dated 12.05.2025 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.75 dated 21.05.2023 under Sections 451, 323, 148, 149 of IPC registered at Police Station

VIPIN KUMAR 2025.07.02 15:06 I attest to the accuracy and integrity of this judgment/order

CRM-M-18592-2025

Passiana, District Patiala (Annexure P-1) alongwith all

consequential proceedings arising therefrom are hereby quashed qua the petitioners.

02.07.2025 (N. S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No

VIPIN KUMAR 2025.07.02 15:06 I attest to the accuracy and integrity of this judgment/order