Allowed¶4

Danish @ Kureshi v. State of Punjab & Another

Punjab & Haryana HC17 Mar 2025CRM-M/239/2025

Case brief

AI extract

What is this about?

Quashing of FIR No.219 dated 09.09.2023 (Sections 406/420 IPC, PS Model Town, District Hoshiarpur) under Section 528 BNSS 2023 on the basis of a genuine, voluntarily reached compromise verified by the jurisdictional Court; Punjab and Haryana High Court relies on Narinder Singh (2014) 6 SCC 46, Shakuntala Sawhney (1980) 1 SCC 63 and Kulwinder Singh (Full Bench) 2007 (3) RCR (Crl.) 1052; petition allowed, FIR and consequential proceedings quashed qua petitioner.

What did the court decide?

Quashing of FIR No.219 dated 09.09.2023 under Sections 406, 420 of IPC registered at Police Station Model Town, District Hoshiarpur and of all consequential proceedings arising therefrom, qua the petitioner. ¶4

Danish @ Kureshi Vs State of Punjab & Another — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.219 dated 09.09.2023 under Sections 406, 420 of IPC registered at Police Station Model Town, District Hoshiarpur, along with all subsequent proceedings arising therefrom, may be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the basis of the compromise dated 30.11.2024. +1 more

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Court's answer

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh (2014) 6 SCC 46 and Shakuntala Sawhney (1980) 1 SCC 63, and by the Full Bench of this Court in Kulwinder Singh 2007 (3) RCR (Crl.) 1052, the petition is allowed and FIR No.219 dated 09.09.2023 under Sections 406, 420 of IPC registered at Police Station Model Town, District Hoshiarpur is quashed.

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Ratio / Principle

The concerned jurisdictional Court has reported that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone, establishing the factual predicate for quashing.

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Key takeaways

The quashing extends to all consequential proceedings arising out of FIR No.219 and operates only qua the petitioner (continuing into the next paragraph, 'petitioner.').ratio¶4

Detailed headnote1 paragraphs

CRM-M-239-2025, High Court of Punjab and Haryana at Chandigarh, decided 17.03.2025 (Harpreet Singh Brar, J., oral): Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.219 dated 09.09.2023 under Sections 406/420 IPC registered at Police Station Model Town, District Hoshiarpur, along with subsequent proceedings, on the basis of a compromise deed dated 30.11.2024. On the interim orders of 09.01.2025 and 11.02.2025 the parties appeared before the trial Court/Illaqa Magistrate and statements regarding the compromise were recorded; the concerned jurisdictional Court reported the compromise genuine and free from pressure or coercion. Relying on Narinder Singh v. State of Punjab (2014) 6 SCC 46, Shakuntala Sawhney v. Kaushalya (1980) 1 SCC 63 and the Full Bench decision in Kulwinder Singh v. State of Punjab 2007 (3) RCR (Crl.) 1052, the Court allowed the petition and quashed the FIR and all consequential proceedings arising out of it, qua the petitioner.

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CRM-M-239-2025

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294 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-239-2025 te of decision: 17.03.2025

Danish @ Kureshi

...Petitioner

V/S

State of Punjab and Anr.

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...Respondents

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CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

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Present: Mr . Rahul Kumar Adia, Advocate for the petitioner (through V.C.)

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Mr . Rishabh Singla, AAG, Punjab.

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HARPREET SINGH BRAR, J. (ORAL)

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Th i s petition has been filed un d er Section 528 of Bharatiya Nagarik Surak s ha Sanhita, 2023 seeking qu a shing of FIR No.219 dated 09.09.2023 und e r Sections 406, 420 of IPC reg i stered at Police Station Model Town, District Hoshiarpur (Annexure P-1) along with all subsequent proceedings ari s ing therefrom on the basis of compromise dated 30.11.2024

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(Annexure P-2) .

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Th e following order was passed on 09.01.2025 :-

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“ This petition has be e n filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 20 2 3 seeking quashing of FIR No.219 dated 09.09.2023 under Sections 40 6 /420 of IPC registered at Police Station Model Town, District Hoshiarpur (Annexure P-1) along with all subsequent proceedings arisi n g therefrom on the basis of compromise deed dated 30.11.2024 (Annex u re P-2). Notice of motion for 1 1 .02.2025. At this stage, on the a s king of the Court, Mr. Subhash Godara, Addl.A.G., Punjab with Mr. S. S . Goripuria, DAG, Punjab, accept notice on behalf of respondent No.1-S t ate and Mr. Nirmal Singh, Advocate accepts notice for respondent N o.2 and files his vakalatnama and admits to the factum of compromise. C opy of the paper book be supplied to them during the course of day.

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Service is complete.

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In the meanwhile, th e parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the t rial Court/Illaqa Magistrate, to get their statements recorded regardin g compromise and after recording their statements, learned trial Co u rt/Illaqa Magistrate is directed to send report regarding the genuine n ess of compromise and also to intimate whether any PO proceedings a re pending against any of the party on or before the date fixed.

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A copy of the ord e r be sent to learned trial Court/Illaqa Magistrate through fax for co m pliance.”

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MAHIMA 2025.03.21 12:56 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-239-2025

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Th e reafter, on 11.02.2025, the parties were again directed to appear before t he jurisdictional/Illaqa Magis t rate within a period of two weeks. In compliance of the aforesaid orders, a report has been received from the concerned j u risdictional Court that the co m promise between the parties is genuine and arr i ved at without any pressure or c oercion from anyone. 4. 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 and F IR No.219 dated 09.09.2023 u n der Sections 406, 420 of IPC registered at Police Station Model Town, Distr i ct Hoshiarpur (Annexure P-1) and all consequ e ntial proceedings arising out o f the same are quashed, qua the

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petitioner.

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(HARPREET SINGH BRAR) March 17, 2025 JUDGE mahima (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No

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MAHIMA 2025.03.21 12:56 I attest to the accuracy and authenticity of this order/judgment.

Danish @ Kureshi v. State of Punjab & Another

Case brief

What is this about?

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Danish @ Kureshi v. State of Punjab & Another

Case brief

What is this about?

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What the court decided

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