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

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

What the court decided

AI extract

Outcome

FIR No.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023 at Police Station Sadar Jalandhar, District Jalandhar and all subsequent proceedings arising therefrom quashed qua the petitioners on the basis of compromise dated 20.01.2025 (Annexure P-2).

Issue for consideration

Whether FIR No.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023 at Police Station Sadar Jalandhar, District Jalandhar, and all subsequent proceedings arising therefrom, should be quashed qua the petitioners on the basis of the compromise dated 20.01.2025 (Annexure P-2).

Court's answer

On the statements recorded before the Additional Chief Judicial Magistrate, Jalandhar, the learned Magistrate reported (report dated 31.07.2025) that the compromise was effected between the parties voluntarily and without coercion or undue influence; learned State counsel and counsel for respondent No.2 did not dispute the factum of compromise.

Ratio / Principle

In view of the verified compromise, no useful purpose would be served by continuing with the proceedings before the trial Court in the instant FIR.

Key takeaways

Following the principles laid down in Kulwinder Singh (Full Bench, Punjab & Haryana High Court, 2007 (3) RCR (Criminal) 1052) and approved by the Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed and FIR No.0201 dated 23.09.2024 (Sections 333, 304, 191(3), 190 BNS, 2023, PS Sadar Jalandhar) and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 20.01.2025.ratio¶22

Detailed headnote1 paragraphs

Quashing of FIR on the basis of compromise — Petition under Section 528 of Bharatiya Nagarik Surakhsha Sanhita, 2023 filed for quashing of FIR No.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023 at Police Station Sadar Jalandhar, District Jalandhar and subsequent proceedings, on the basis of compromise dated 20.01.2025 (Annexure P-2). On directions issued vide order dated 03.07.2025, parties got their statements recorded before the Additional Chief Judicial Magistrate, Jalandhar, whose report dated 31.07.2025 found the compromise to have been effected voluntarily and without coercion or undue influence; the factum of compromise was not disputed by learned State counsel or counsel for respondent No.2. Holding that no useful purpose would be served by continuing the trial Court proceedings, and following the Full Bench principles in Kulwinder Singh, 2007 (3) RCR (Criminal) 1052, as approved by the Supreme Court in Gian Singh, (2012) 10 SCC 303, the Court allowed the petition and quashed the FIR and all subsequent proceedings arising therefrom qua the petitioners.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

280

CRM-M-23357-2025 Date of Decision: 08.08.2025

Habib Mohammad and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE MANISHA BATRA

Present: Mr. S.K. Bansal, Advocate for the petitioners.

Mr. Roshandeep Singh A.A.G. Punjab.

Mr. M.K. Bhatnagar, Advocate for respondent No.2.

MANISHA BATRA, J. (ORAL)

The present petition has been filed under Section 528 of of Bharatiya Nagarik Surakhsha Sanhita, 2023 for quashing of FIR No.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023, at Police Station Sadar Jalandhar, District Jalandhar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 20.01.2025 (Annexure P-2).

2 . This Court vide order dated 03.07.2025 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.

Pursuant to the aforesaid order, parties have appeared before the Additional Chief Judicial Magistrate, Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned Judge has

NISHA 2025.08.08 19.57 I attest to the accuracy and integrity of this document

CRM-M-23357-2025 -2-

submitted report dated 31.07.2025 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. 6. 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.0201 dated 23.09.2024 registered under Sections 333, 304, 191(3), 190 of BNS, 2023, at Police Station Sadar Jalandhar, District Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2025 (Annexure P-2) are quashed qua the petitioners.

		(MA	NISHA BATRA) JUDGE
Augus	t 08, 2025
Nisha-1
	Whether speaking/reasoned	Yes/No
	Whether reportable	Yes/No

NISHA 2025.08.08 19.57 I attest to the accuracy and integrity of this document