Harish Chander Vs State of Punjab and Anr. — Punjab & Haryana HC (2026) — LawSathi Research

Harish Chander Vs State of Punjab and Anr. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed: FIR No.102 dated 26.07.2025 (Sections 3(1)(r), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), Police Station Kotbhai, District Shri Muktsar Sahib) and the consequential proceedings arising therefrom quashed on the basis of compromise dated 21.01.2026; pending miscellaneous application(s), if any, disposed of accordingly.

Issue for consideration

Whether FIR No.102 dated 26.07.2025 under Sections 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shri Muktsar Sahib, and the consequential proceedings arising therefrom, should be quashed on the basis of the compromise dated 21.01.2026 between the parties.

Court's answer

In view of the compromise verified as genuine and voluntary (JMFC Gidderbaha report dated 21.05.2026: effected voluntarily, without coercion or undue influence), and as learned State counsel and counsel for respondent No.2 did not dispute the factum of compromise, 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 judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, and by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and others, (2012) 10 SCC 303, the petition is allowed and FIR No.102 dated 26.07.2025 under Sections 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, is quashed.

Key takeaways

The consequential proceedings arising from FIR No.102 on the basis of the compromise dated 21.01.2026 (Annexure P-2) are likewise quashed.ratio¶21

Detailed headnote1 paragraphs

Quashing of FIR on the basis of compromise — Petition under Section 528, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by Harish Chander seeking quashing of FIR No.102 dated 26.07.2025, under Sections 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police Station Kotbhai, District Shri Muktsar Sahib, and consequential proceedings arising therefrom, on the basis of compromise dated 21.01.2026. The Co-ordinate Bench (order dated 05.02.2026) had directed the parties to appear before the Illaqa/Duty Magistrate for recording of statements and a report on the genuineness of the compromise; after a further opportunity (order dated 11.05.2026), the Judicial Magistrate First Class, Gidderbaha recorded the parties' statements and reported (dated 21.05.2026) that the compromise was effected voluntarily 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 of this Court in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, and Gian Singh v. State of Punjab, (2012) 10 SCC 303, the FIR and consequential proceedings were quashed and pending miscellaneous applications disposed of accordingly. (Rupinderjit Chahal, J., oral; decision dated 27.05.2026.)

CRM-M-6732-2026 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

315

CRM-M-6732-2026 Date of decision: 27.05.2026

HARISH CHANDER

….Petitioner

Versus

STATE OF PUNJAB AND ANR

....Respondents

CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL

Present: M r. Rajesh Batheja, Advocate fo r the petitioner.

M r. Rahul Jindal, AAG, Punjab.

M r. Sandeep Sharma, Advocate f or respondent No.2.

RUPINDERJIT CHAHAL, J. (ORAL)

T his is a petition filed under S ection 528 Bharatiya Nagari k Suraksha Sa n hita (BNSS), 2023, for qu a shing of FIR No.102, date d 26.07.2025, u n der Sections 3(1)(r) of Schedu l ed Castes and Scheduled Tribe s (Prevention o f Atrocities) Act, 1989 (amend m ent 2015), registered at Polic e Station Kot b hai, District Shri Muktsar Sahib (Annexure P-1) an d consequential proceedings arising therefro m on the basis of compromis e dated 21.01.2 0 26 (Annexure P-2).

T he Co-Ordinate Bench of th i s Court vide its order date d 05.02.2026 h ad directed the parties to a ppear before the Illaqa/Dut y Magistrate to get their statements recorded a nd the learned Magistrate wa s directed to se n d its report qua the genuineness of the compromise.

P ursuant to the aforesaid order, parties were unable to appea r before the le a rned trial Court and vide orde r dated 11.05.2026 one anothe r

GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document.

CRM-M-6732-2026 2 opportunity w as granted to the parties. There a fter, parties appeared before th e Judicial Magi s trate First Class, Gidderbaha a n d got their statements recorded . On the basis of the statements so recorded, Judicial Magistrate First Class , Gidderbaha, h as submitted report dated 21 . 05.2026 to the effect that th e compromise h as been effected between the parties voluntarily and withou t any coercion o r undue influence.

L earned State counsel as well a s counsel for respondent No. 2 have not disp u ted the factum of compromise b etween the parties. 5. I n view of the above, no usef u l purpose would be served t o continue with the proceedings before the trial C ourt in the instant FIR. 6. F ollowing the principles laid do w n by the Full Bench judgmen t of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , thi s petition is all o wed and FIR No.102, dated 26.07.2025, under Sections 3(1)(r ) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (amend m ent 2015), registered at Polic e Station Kotbhai, District Shr i Muktsar Sah i b (Annexure P-1) and con s equential proceedings arisin g therefrom on the basis of compromise dated 21.01.2026 (Annexure P-2) ar e quashed.

P ending miscellaneous applicati o n(s), if any, stand(s) dispose d

of, accordingl y

(RUPINDERJIT CHAHAL) 27.05.2026 JUDGE Gurpreet

i) Whether speaking/reasoned? Yes/ N o ii) Whether reportable? Yes/No

GURPREET 2026.05.28 13:18 I attest to the accuracy and authenticity of this document.