Harish Chander v. STATE OF PUNJAB AND ANR

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Rajesh Batheja, for the petitioner. Mr. Rajesh Batheja, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Rahul Jindal, AAG, Punjab. for respondent No.2. Mr. Sandeep Sharma, Advocate for respondent No.2. Mr. Sandeep Sharma, ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Bharatiya Nagarik This is a petition filed under Section 528 Bharatiya Nagarik This is a petition filed under Section This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of Suraksha Sanhita (BNSS), 2023 FIR No.102, dated for quashing of FIR No.102, dated

26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes 26.07.2025, under Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes registered at Police (Prevention of Atrocities) Act, 1989 (amendment 2015), registered at Police (Prevention of Atrocities) Act, 1989 (amendment 2015), (Prevention of Atrocities) Act, 1989 (amendment 2015), Station Kotbhai, District Shri Muktsar Sahib Station Kotbhai, District Shri Muktsar Sahib Station Kotbhai, District Shri Muktsar Sahib (Annexure P-1) and (Annexure P (Annexure P consequential proceedings arising therefrom on the basis of compromise proceedings arising therefrom on the basis of compromise proceedings arising therefrom on the basis of compromise dated 21.01.2026

21.01.2026 (Annexure P-2).

2. The Co-Ordinate Bench of this The Co order dated Ordinate Bench of this Court vide its order dated had directed the parties to appear before the Illaqa/Duty 05.02.2026 had directed the parties to appear before the Illaqa/Duty had directed the parties to appear before the Illaqa/Duty had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was Magistrate to get their statements recorded and the learned Magistrate was Magistrate to get their statements recorded and the learned Magistrate was Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. directed to send its report qua the genuineness of the compromise. directed to send its report qua the genuineness of the compromise.

3. were unable to appear Pursuant to the aforesaid order, parties were unable to appear Pursuant to the aforesaid order, parties Pursuant to the aforesaid order, parties before the learned trial Court and vide order dated 11.05.2026 one another before the learned trial Court and vide order dated 11.05.2026 one another before the learned trial Court and vide order dated 11.05.2026 one another before the learned trial Court and vide order dated 11.05.2026 one another CRM-M-6732 6732-2026 2 appeared before the opportunity was granted to the parties. Thereafter, parties appeared before the opportunity was granted to the parties. Thereafter, opportunity was granted to the parties. Thereafter, and got their statements recorded. Judicial Magistrate First Class, Gidderbaha and got their statements recorded. and got their statements recorded. Judicial Magistrate First Class , On the basis of the statements so recorded, Judicial Magistrate First Class, On the basis of the statements so recorded, On the basis of the statements so recorded, Gidderbaha, has submitted report dated has submitted report dated 21.05.2026 to the effect that the .05.2026 to the effect that the compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without any coercion or undue influence. any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the ins continue with the proceedings before the trial Court in the ins

6. Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and of this Court in Kulwinder Singh and others Versus State of Punjab and Kulwinder Singh and others Versus State of Punjab and of this Court in another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court 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 in Gian Singh Versus State of Punjab an , this d others (2012) 10 SCC 303, this FIR No.102, dated 26.07.2025, under Sections 3(1)(r) petition is allowed and FIR No.102, dated 26.07.2025, under Sections 3(1)(r) FIR No.102, dated 26.07.2025, under Sections 3(1)(r) petition is allowed and of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, i 1989 (amendment 2015), registered at Police Station Kotbhai, District Shr 1989 (amendment 2015), registered at Police Station Kotbhai, District Shri 1989 (amendment 2015), registered at Police Station Kotbhai, District Shr Muktsar Sahib (Annexure P-1) and consequential Muktsar Sahib (Annexure P proceedings arising consequential proceedings arising therefrom on the basis of compromise dated 21.01.2026 (Annexure P-2) are therefrom on the basis of compromise dated therefrom on the basis of compromise dated quashed.

7. Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. of, accordingly.

27.05.2026 Gurpreet ) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No