CRM-M-8302 8302-2025 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN v. CRM-M-8302-2025 Date of Decision:- 19.03.2025 s
Case Details
CRM-M-8302 8302-2025 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (292) Hem Raj and Ors. Hem Raj and Ors. Punjab and Ors. State of Punjab and Ors. Versus CRM-M-8302-2025 Date of Decision:- 19.03.2025 s ……Petitioners s ……Respondents CORAM:
Legal Reasoning
56298 of 2024 vide order dated 11.02.2025 of this Court in CRM-M-56298 of 2024 vide order dated 11.02.2025 of this Court in CRM 5. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have in amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction futility, as the chances of conviction such a situation will be an exercise in are bleak. The power under Section 528 of BNSS, 2023 are bleak. The power under Section can be exercised in 528 of BNSS, 2023 can be exercised in Gian such matters. It has been held by Supreme Court of India in cases Gian such matters. It has been held by Supreme Court of India in cases such matters. It has been held by Supreme Court of India in cases Singh v. State of Punjab and another 2012(10) SCC 303 Singh v. State of Punjab and another Narinder 2012(10) SCC 303 and Narinder that and others v. State of Punjab and another 2014(6) SCC 406 that and others v. State of Punjab and another Singh and others v. State of Punjab and another criminal cases having overwhelmingly civil character, particularly those criminal cases having overwhelmingly civil character, particularly those criminal cases having overwhelmingly civil character, particularly those criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or arising out of commercial transactions or matrimonial relationships or arising out of commercial transactions or matrimonial relationships or arising out of commercial transactions or matrimonial relationships or the family disputes, should be quashed when the parties have resolved the family disputes, should be quashed when the part family disputes, should be quashed when the part manner. disputes among themselves in a bona fide manner. disputes among themselves in a Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document CRM-M-8302 8302-2025 3 3 6. Consequently, the present petition is allowed Rapat/DDR petition is allowed. Rapat/DDR No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of No.31 dated 03.08.2023 under Sections 323/324/34 of IPC (Section 325 of District IPC added later on) registered at Police Station City South Moga, District IPC added later on) registered at Police Station IPC added later on) registered at Police Station Moga (Annexure P 1) registered in FIR No.151 dated 03.08.2023 under (Annexure P-1) registered in FIR No.151 dated 03.08.2023 under 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South 2) alongwith all subsequent proceedings arising Moga (Annexure P-2) alongwith all subsequent proceedings arising 2) alongwith all subsequent proceedings arising Moga (Annexure P therefrom, are hereby quashed qua the petitioner of uashed qua the petitioners subject to costs of Rs.10,000/- to be paid by the petitioners(collectively) to be s(collectively) and Rs.10,000/- to be paid by respondents No.2 to 4 (Collective by respondents No.2 to 4 (Collectively one month ly) within a period of one month from today in the account of the Poor Patients Welfare PGIMER, Poor Patients Welfare Fund, PGIMER, Chandigarh. Chandigarh 19.03.2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document
Arguments
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. Robindeep Singh Bhullar, Advocate , Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Mr. Rishabh Singla, AAG, Punjab. Ms. Ruby Gupta, Advocate for Mr. Pranjal P. Chaudhary, Advocate for respondents No.2 to 4. udhary, Advocate for respondents No.2 to 4. ALOK JAIN, J. (Oral) ALOK JAIN **** 1. The second petition has been filed under Section 528 of petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of Rapat/DDR 34 of IPC (Section 325 of No.31 dated 03.08.2023 under Sections 323,324, 34 of IPC (Section 325 of No.31 dated 03.08.2023 under Sections 323 No.31 dated 03.08.2023 under Sections 323 District later on) registered at Police Station City South Moga, District later on) registered at Police Station City South Moga IPC added later on) registered at Police Station City South Moga Moga (Annexure P 1) registered in FIR No.151 dated 03.08.2023 under (Annexure P-1) registered in FIR No.151 dated 03.08.2023 under 1) registered in FIR No.151 dated 03.08.2023 under Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South Sections 323/324/148/149 of IPC, registered at Police Station City South Moga (Annexure P-2) alongwith all subsequent proc Moga (Annexure P eedings arising 2) alongwith all subsequent proceedings arising therefrom on the basis of compromise dated 22.10.2024 (Annexure P-3) therefrom on the basis of compromise dated 22.10.2024 therefrom on the basis of compromise dated 22.10.2024 2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par dated settlement, the Coordinate Bench of this Court vide orders dated settlement, the Coordinate Bench of this settlement, the Coordinate Bench of this Manju 2025.03.26 17:53 I attest to the accuracy and integrity of this document CRM-M-8302 8302-2025 2 2 15.02.2025 before the Illaqa Magistrate/trial directed the parties to appear before the Illaqa Magistrate/trial before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, Court for getting their statements recorded in that regard. Pursuant thereto, Court for getting their statements recorded in that regard. Pursuant thereto, Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 07.03.2025 has been received from a report dated has been received from Civil Judge (Junior Civil Judge (Junior Division)-cum cum-Judicial Magistrate 1st Class, Moga stating that the Class, Moga stating that the compromise arrived at between the parties is voluntary and the same is compromise arrived at between the parties is voluntary and the same is compromise arrived at between the parties is voluntary and the same is compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. 3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondents No.2 to 4 admit the factum of compr of respondent omise and submit that admit the factum of compromise and submit that they have no objection cross version Rapat/DDR No.31 no objection in quashing of the cross version Rapat/DDR No.31 cross version Rapat/DDR No.31 dated 03.08.2023 on that basis. dated 03.08.2023 4. Learned counsel for the petitioners further submitted that FIR Learned counsel for the petitioners further submitted that FIR Learned counsel for the petitioners further submitted that FIR Bench No.151 dated 03.08.2023 already stand quashed by the Coordinate Bench No.151 dated 03.08.2023 already stand quashed by the Coordinate No.151 dated 03.08.2023 already stand quashed by the Coordinate