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

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

What the court decided

AI extract

Outcome

Quashing of cross case registered vide DDR No.61 dated 26.05.2022 under Sections 324, 341, 506, 148, 149 of IPC at Police Station Mukerian District Hoshiarpur in case FIR No.68 dated 26.05.2022 under Sections 323, 324, 506, 148 & 149 of IPC registered at Police Station Mukerian District Hoshiarpur, and all subsequent proceedings arising therefrom, qua the petitioners, on the basis of compromise dated 29.12.2024 (Annexure P-2).

Issue for consideration

Whether the cross case (DDR No.61 dated 26.05.2022 and FIR No.68 dated 26.05.2022, Police Station Mukerian, District Hoshiarpur) and all subsequent proceedings arising therefrom should be quashed on the basis of the compromise dated 29.12.2024 between the parties. +1 more

Court's answer

In view of the Magistrate's report confirming the compromise and its non-dispute by counsel, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.

Ratio / Principle

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) and approved by the Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed and the cross case (DDR No.61 and FIR No.68) and all subsequent proceedings are quashed qua the petitioners on the basis of the compromise dated 29.12.2024.

Key takeaways

The Court acted on the learned Magistrate's report dated 04.04.2025 that the compromise was effected voluntarily and without coercion or undue influence, a factum not disputed by learned State counsel or counsel for respondent No.2.ratio¶21

Detailed headnote1 paragraphs

Punjab & Haryana High Court, CRM-M-4373-2025(O&M), decided 24.04.2025 (Manisha Batra, J., Oral): Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 sought quashing of a cross case — DDR No.61 dated 26.05.2022 under Sections 324, 341, 506, 148, 149 IPC and FIR No.68 dated 26.05.2022 under Sections 323, 324, 506, 148 & 149 IPC, both at Police Station Mukerian, District Hoshiarpur — and all subsequent proceedings, on the basis of compromise dated 29.12.2024 (Annexure P-2). Pursuant to this Court's order dated 03.03.2025, statements were recorded before the learned Sub-Divisional Judicial Magistrate, Mukerian, whose report dated 04.04.2025 found the compromise voluntary and without coercion or undue influence; learned State counsel and counsel for respondent No.2 did not dispute the factum of compromise. Following the Full Bench judgment in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, approved by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the petition was allowed and the cross case and all subsequent proceedings were quashed qua the petitioners.

CRM-M-4373-2025(O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

312

CRM-M-4373-2025(O&M) Date of Decision: 24.04.2025

MANDEEP SINGH AND ORS.

....Petitioners

VERSUS

STATE OF PUNJAB AND OTHERS

....Respondents

CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA

Present : Mr. Shailendra Sharma, Advocate for the petitioners.

Ms. Himani Arora, AAG, Punjab.

Mr. Ajay Nara, Advocate for respondent no.2

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of cross case registered vide DDR No.61 dated 26.05.2022 under Sections 324, 341, 506, 148, 149 of IPC at Police Station Mukerian District Hoshiarpur in case FIR No.68 dated 26.05.2022 under Sections 323, 324. 506, 148 & 149 of IPC registered at Police Station Mukerian District Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 29.12.2024 (Annexure P-2).

2 . This Court vide order dated 03.03.2025 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.

Deepak Patwal 2025.04.25 19:39 I attest to the accuracy and integrity of this document

CRM-M-4373-2025(O&M)

2

Pursuant to the aforesaid order, parties have appeared before the learned Sub-Divisional Judicial Magistrate, Mukerian and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 04.04.2025 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 quashing of cross case registered vide DDR No.61 dated 26.05.2022 under Sections 324, 341, 506, 148, 149 of IPC at Police Station Mukerian District Hoshiarpur in case FIR No.68 dated 26.05.2022 under Sections 323, 324. 506, 148 & 149 of IPC registered at Police Station Mukerian District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 29.12.2024 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA )

24.04.2024

JUDGE

Deepak Patwal

1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No

Deepak Patwal 2025.04.25 19:39 I attest to the accuracy and integrity of this document