Allowed¶19

Arshdeep Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC27 May 2025CRM-M/2485/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court (CRM-M-2485-2025, decided 27.05.2025, Manjari Nehru Kaul, J.) allows petition under Section 528 BNSS 2023 and quashes FIR No.85 dt. 11.10.2024, PS Verka, Amritsar, u/ss 305(a), 331(3), 3(5), 61(2), 263 BNS 2023, on basis of compromise dt. 02.01.2025 verified by Magistrate; relies on Gian Singh (2012) 10 SCC 303 and Kulwinder Singh 2007(3) RCR (Criminal) 1052.

What did the court decide?

Quashing of FIR No.85 dated 11.10.2024 registered at Police Station Verka, District Police Commissionerate, Amritsar, and all consequential proceedings arising out of it, on the basis of compromise dated 02.01.2025. ¶19

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.85 dated 11.10.2024 under Sections 305(a), 331(3), 3(5), 61(2), 263 of BNS, 2023, registered at Police Station Verka, District Police Commissionerate, Amritsar, and all consequential proceedings arising therefrom, deserve to be quashed on the basis of the compromise dated 02.01.2025 arrived at between the parties.

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Court's answer

In view of the trial Court's report verifying the compromise and the principles laid down by the Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed and the FIR and all consequential proceedings arising out of it are quashed.

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Key takeaways

The parties shall remain bound by the terms of the compromise and their statements recorded before the Court below.obiter¶19

Detailed headnote1 paragraphs

Quashing of FIR on basis of compromise — Petition under Section 528 of BNSS, 2023 for quashing of FIR No.85 dated 11.10.2024 under Sections 305(a), 331(3), 3(5), 61(2), 263 of BNS, 2023 (Section 263 BNS added later on), registered at Police Station Verka, District Police Commissionerate, Amritsar, on the basis of compromise dated 02.01.2025 — On direction of this Court, statements recorded before Illaqa Magistrate; report of Judicial Magistrate Ist Class, Amritsar confirmed compromise effected voluntarily, without pressure or coercion and out of free will, complainants having no objection to quashing — No accused other than petitioners; respondent No.2 the only aggrieved person — Reliance on Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 (Full Bench) — Petition allowed; FIR and all consequential proceedings quashed; parties to remain bound by terms of compromise and statements recorded before Court below.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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256

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CRM-M-2485-2025 Date of decision: May 27, 2025

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ARSHDEE P SINGH AND OTHERS

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...Petitioner s

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Versus

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STATE OF P UNJAB AND ANOTHER

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...Respondent s

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CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. B.D. Sharma, Advocate for the petitioners.

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Mr. Sahil Chaudhary, AAG, Pu n jab. Mr. Rohan Garg, Advocate for Mr. Surinder Garg, Advocate for respondent No.2.

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MANJARI NEHRU KAUL, J. (ORAL)

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Prayer in the instant petition filed under Section 528 of BNSS , 2023 is for q uashing of FIR No.85, dated 11 . 10.2024, under Sections 305(a) , 331(3), 3(5) , 61(2), 263 of BNS, 2023 (Se c tion 263 BNS added later on) , registered at Police Station Verka, District P o lice Commissionerate, Amritsa r (Annexure P -1) and all consequential proce e dings arising therefrom, on th e basis of com p romise dated 02.01.2025 (Ann e xure P-2).

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Vide order dated 17.01.2025 o f this Court, the parties wer e directed to appear before the learned tr i al Court/Illaqa Magistrate o n 17.02.2025 to get their statements recor d ed regarding the compromis e arrived at, b e tween them.

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Report has since been received f rom learned Judicial Magistrat e Ist Class, A m ritsar, in pursuance of the direc t ions of this Court, wherein the

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Jaspreet Kaur 2025.05.27 16:13 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-2485-2025 -2-

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factum of th e compromise arrived at betwee n the parties stands verified an d confirmed. A s per the report, compromise h a s indeed been effected betwee n the parties a n d the same is without any pres s ure or coercion and out of thei r free will, an d the complainants have also m ade statement to the effect tha t they would have no objection if the FIR qua the accused-petitioners i s quashed.

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The trial Court has annexed th e photocopies of the statement s of the partie s , along with its report. 5. Learned State counsel too s u bmits that there are no othe r accused oth e r than the petitioners and respo n dent No.2 is the only aggrieve d persons in the FIR in question. 6. In view of the report of th e learned trial Court, and th e principles la i d down by the Hon’ble Apex C ourt in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , an d also by the Full Bench of thi s Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , the instant p e tition is allowed. The aforesai d FIR and all c onsequential proceedings arisin g out of it, are quashed. 7. Needless to say the parties sha l l remain bound by the terms o f compromise and their statements recorded b e fore the Court below.

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May 27, 202 5		(MANJARI NEHRU KAUL)
Jaspreet Kaur		JUDGE
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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Jaspreet Kaur 2025.05.27 16:13 I attest to the accuracy and integrity of this document Chandigarh

Arshdeep Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Arshdeep Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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