Allowed¶26

Balvir Singh v. State of Punjab and Others

Punjab & Haryana HC11 Mar 2025CRM-M/7281/2025

Case brief

AI extract

What is this about?

Quashing of FIR on basis of compromise — petition u/S 528 BNSS 2023 — FIR No.24 dated 14.03.2019, Ss.420/465/467/468/471 IPC, PS Sadar Ahmedgarh, Distt. Malerkotla — genuineness of compromise confirmed by jurisdictional Court — Narinder Singh (2014) 6 SCC 466; Shakuntala Sawhney (1980) 1 SCC 63; Kulwinder Singh FB 2007 (3) RCR (Crl.) 1052 — FIR and all subsequent proceedings quashed qua petitioner — Punjab & Haryana High Court, decided 11.03.2025.

What did the court decide?

Quashing of FIR No.24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla, along with all subsequent proceedings arising therefrom, qua the petitioner. ¶26

Balvir Singh Vs State of Punjab and Others — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC and all subsequent proceedings arising therefrom should be quashed on the basis of the compromise dated 20.12.2024 between the parties.

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Court's answer

On compliance with the interim direction, the concerned jurisdictional Court reported that the compromise between the parties is genuine and was arrived at without any pressure or coercion from anyone.

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Ratio / Principle

In view of the compromise and the ratio of law laid down in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, Shakuntala Sawhney v. Kaushalya, (1980) 1 SCC 63, and the Full Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Crl.) 1052, the petition is allowed and FIR No.24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC and all subsequent proceedings arising therefrom are quashed, qua the petitioner only.

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Detailed headnote1 paragraphs

Criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla, founded on a compromise dated 20.12.2024. By interim order dated 10.02.2025 the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of statements on the compromise; the jurisdictional Court thereupon reported the compromise to be genuine and untainted by pressure or coercion. Relying on the Supreme Court rulings in Narinder Singh v. State of Punjab, (2014) 6 SCC 466 and Shakuntala Sawhney v. Kaushalya, (1980) 1 SCC 63, and the Full Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Crl.) 1052, the High Court (Harpreet Singh Brar, J., oral) allowed the petition and quashed the FIR along with all subsequent proceedings arising therefrom, qua the petitioner only.

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277 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

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CRM-M-7281-2025 (O&M) Date of Decision: 11.03.2025

BALVIR SINGH

…Petitioner

V/S

STATE OF PUNJAB AND OTHERS …Respondents

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CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

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Present: Mr. Imran Farooqi, Advocate

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for the petitioner.

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Mr. Rishabh Singla, AAG Punjab.

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Mr. Naveen Kumar, Advocate for Mr. K.S. Rana, Advocate for respondents No. 2 and 3.

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HARPREET SINGH BRAR J. (Oral)

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This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2024 (Annexure P-2).

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The following order was passed on 10.02.2025:

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“This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2024 (Annexure P-2).

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Notice of motion for 11.03.2025.

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At this stage, on the asking of the Court, Mr. Sandeep Kumar, DAG, Punjab accepts notice on behalf of respondent No.1State and Mr. Naveen Kumar, Advocate for Mr. K.S. Rana, Advocate accepts notice for respondents No.2 & 3 and files his power of attorney and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.

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AJAY GOSWAMI 2025.03.12 16:16 I attest to the accuracy and integrity of this document

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CRM-M-7281-2025 (O&M)

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-2-

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Service is complete.

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In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

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A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.”

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In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

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In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 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 FIR No.24 dated 14.03.2019 under Sections 420/465/467/468/471 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioner.

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(HARPREET SINGH BRAR)

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11.03.2025 JUDGE

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Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No

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AJAY GOSWAMI 2025.03.12 16:16 I attest to the accuracy and integrity of this document

Balvir Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Balvir Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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