Mohit Vs State of Punjab and Another — Punjab & Haryana HC (2025) — LawSathi Research

Mohit Vs State of Punjab and Another — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; FIR No.59 dated 23.04.2024 registered under Sections 323, 325, 341, 506 and 34 of IPC at Police Station Phase 1, Mohali, and all subsequent proceedings arising therefrom, quashed qua the petitioner on the basis of compromise dated 22.05.2024 (Annexure P-2).

Issue for consideration

Whether FIR No.59 dated 23.04.2024 registered under Sections 323, 325, 341, 506 and 34 of IPC at Police Station Phase 1, Mohali, and all subsequent proceedings arising therefrom, ought to be quashed on the basis of the compromise dated 22.05.2024 (Annexure P-2) between the parties. +1 more

Court's answer

Neither the learned State counsel nor counsel for respondent No. 2 disputed the factum of compromise; accordingly, in view of the compromise, no useful purpose would be served in continuing the proceedings before the trial Court in the instant FIR.

Ratio / Principle

The genuineness of the compromise stands established: the learned Chief Judicial Magistrate-cum-Addl. Civil Judge, SAS Nagar Mohali reported (report dated 22.04.2025) that the compromise was effected between the parties voluntarily and without any coercion or undue influence.

Key takeaways

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) as approved by the Hon'ble Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed and the FIR dated 23.04.2024 under Sections 323, 325, 341, 506 and 34 IPC at Police Station Phase 1, Mohali, and all subsequent proceedings arising therefrom, are quashed qua the petitioner on the basis of the compromise dated 22.05.2024.ratio¶17

Detailed headnote1 paragraphs

Quashing of FIR on the basis of compromise — High Court of Punjab and Haryana (Manisha Batra, J.), CRM-M No.3203 of 2025, decided 01.05.2025: Petition filed by Mohit for quashing of FIR No.59 dated 23.04.2024, Police Station Phase 1, Mohali, registered under Sections 323, 325, 341, 506 and 34 IPC, and all subsequent proceedings, on the basis of compromise dated 22.05.2024 (Annexure P-2). On directions issued vide order dated 10.03.2025, statements were recorded before the learned Chief Judicial Magistrate-cum-Addl. Civil Judge, SAS Nagar Mohali, whose report dated 22.04.2025 confirmed that the compromise was effected voluntarily and without coercion or undue influence; neither State counsel nor counsel for respondent No. 2 disputed the factum of compromise. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, as approved by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the FIR and subsequent proceedings were quashed qua the petitioner.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

295

CRM-M No.3203 of 2025 Date of decision: 01.05.2025

MOHIT

…. Petitioner

Versus

STATE OF PUNJAB AND ANOTHER …. Respondents

CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA

Present : M r . Gurdeep Singh Nehra, Advoc a te for the petitioner. M s . Pooja Nayar Sharma, D.A.G., Punjab.

M r . Bhupinder Singh Kundra, Ad v ocate for respondent No.2.

MANISHA BATRA, J. (oral)

T h e present petition has been fi l ed for quashing of FIR No.5 9 dated 23.04.20 2 4 registered under Sections 323, 325, 341, 506 and 34 of IP C at Police Stati o n Phase 1, Mohali, and all the subsequent proceedings arisin g therefrom, on t h e basis of compromise dated 2 2 .05.2024 (Annexure P-2). 2 . T h is Court vide order dated 10.0 3 .2025 had directed the parties t o appear before t he trial Court to get their statements recorded and the learne d Magistrate w a s directed to send its repor t qua the genuineness of th e compromise. 3. P u rsuant to the aforesaid order, p arties have appeared before th e learned Chief J udicial Magistrate-cum-Addl. C ivil Judge, SAS Nagar Mohal i and got their s t atements recorded. On the basis of the statements so recorded , learned Magist r ate has submitted report dated 2 2.04.2025 to the effect that th e

Jyoti 2025.05.01 17:38 I attest to the accuracy and integrity of this document

CRM-M No.3203 of 2025 - 2-

compromise h a s been effected between the pa r ties voluntarily and without an y coercion or un d ue influence.

L e arned State counsel as well a s counsel for respondent No. 2 have not dispu t ed the factum of compromise b e tween the parties. 5. In view of the above, no usef u l purpose would be served t o continue with t h e proceedings before the trial C ourt in the instant FIR. 6. F o llowing the principles laid dow n by the Full Bench judgment o f this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and a p proved by the Hon’ble Suprem e Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , this petition i s allowed and FIR No.59 dat e d 23.04.2024 registered unde r Sections 323, 3 25, 341, 506 and 34 of IPC at Police Station Phase 1, Mohal i and all subseq u ent proceedings arising therefr o m on the basis of compromis e dated 22.05.20 2 4 (Annexure P-2) are quashed q ua the petitioner.

(MANISHA BATRA) 01.05.2025 JUDGE

Jyoti-IV

Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

Jyoti 2025.05.01 17:38 I attest to the accuracy and integrity of this document