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

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

What the court decided

AI extract

Outcome

FIR No.0008 dated 15.02.2024 registered at Police Station Bhaini Mian Khan, District Gurdaspur, and all subsequent proceedings arising therefrom, quashed qua the petitioners on the basis of compromise dated 15.01.2025 (Annexure P-2).

Issue for consideration

Whether FIR No.0008 dated 15.02.2024 registered at Police Station Bhaini Mian Khan, District Gurdaspur under Sections 336, 323, 506, 148, 149 of IPC and Sections 25 and 27 of Arms Act, together with all subsequent proceedings arising therefrom, deserves to be quashed qua the petitioners on the basis of the compromise dated 15.01.2025.

Court's answer

In view of the voluntarily effected and undisputed compromise between the parties, no useful purpose would be served by continuance of the proceedings before the trial Court in the FIR.

Ratio / Principle

Following the principles laid down by the Full Bench of the Punjab and Haryana High 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.

Key takeaways

FIR No.0008 dated 15.02.2024 registered at Police Station Bhaini Mian Khan, District Gurdaspur under Sections 336, 323, 506, 148, 149 of IPC and Sections 25 and 27 of Arms Act, and all subsequent proceedings arising therefrom, are quashed qua the petitioners on the basis of compromise dated 15.01.2025 (Annexure P-2).ratio¶23

Detailed headnote1 paragraphs

Criminal miscellaneous petition under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0008 dated 15.02.2024 registered at Police Station Bhaini Mian Khan, District Gurdaspur under Sections 336, 323, 506, 148, 149 of IPC and Sections 25 and 27 of Arms Act, along with subsequent proceedings, on the basis of compromise dated 15.01.2025 (Annexure P-2). Pursuant to order dated 30.01.2025, statements were recorded before the Judicial Magistrate 1st Class, Gurdaspur, whose report dated 21.02.2025 found the compromise voluntary and without coercion or undue influence; State counsel and counsel for respondents 2 to 8 did not dispute the compromise. 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 petition was allowed and the FIR and all subsequent proceedings were quashed qua the petitioners. By Manisha Batra, J.; decided 18.03.2025.

CRM-M-5501-2025(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

298

CRM-M-5501-2025(O&M) Date of Decision: 18.03.2025

MANIPAL AND ORS

....Petitioners

VERSUS

....Respondents

STATE OF PUNJAB AND ORS ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA

Present : Mr. Ranbir Singh Pathania, Advocate for the petitioners.

Ms. Himani Arora, AAG, Punjab.

Mr. Randhir Singh Manhas, Advocate for respondents no. 2 to 8.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0008 dated 15.02.2024 under Sections 336, 323, 506, 148, 149 of IPC and Sections 25 and 27 of Arms Act registered at Police Station Bhaini Mian Khan, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 15.01.2025 (Annexure P-2).

2 . This Court vide order dated 30.01.2025 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 learned Judicial Magistrate 1^st Class, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has

Deepak Patwal 2025.03.20 09:19 I attest to the accuracy and integrity of this document

CRM-M-5501-2025(O&M)

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submitted report dated 21.02.2025 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 respondents No.2 to 8 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.0008 dated 15.02.2024 under Sections 336, 323, 506, 148, 149 of IPC and Sections 25 and 27 of Arms Act registered at Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising therefrom on the basis of compromise dated 15.01.2025 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA )

18.03.2025

JUDGE

Deepak Patwal

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

Deepak Patwal 2025.03.20 09:19 I attest to the accuracy and integrity of this document