ABHISHEK & ANOTHER v. STATE OF PUNJAB & ANOTHER

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Pankaj Bali, Advocate for the petitioners. Mr. Pankaj Bali, Advocate for the petitioners. Mr. Rahul Jindal, AAG, Punjab. Mr. Rahul Jindal, AAG, Punjab. Sikandh Mehta, Advocate for respondent No.2. Mr. Sikandh Mehta, Advocate for respondent No.2. Mr. ***** 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), FIR No.84, dated for quashing of FIR No.84, dated II, 10.05.2025, under Sections 308(2), 351(2) and 238 of BNS, at PS City-II, 10.05.2025, under Sections 308(2), 351(2) and 238 of BNS, at PS City 10.05.2025, under Sections 308(2), 351(2) and 238 of BNS, at PS City Khanna (Annexure P-1) and charge order dated 08.08.2025 (Annexure P Khanna (Annexure P 2) 1) and charge order dated 08.08.2025 (Annexure P-2) compromise subsequent proceedings arising therefrom on the basis of compromise subsequent proceedings arising therefrom on the basis of and subsequent proceedings arising therefrom on the basis of dated 22.12.2025 (Annexure P

22.12.2025 (Annexure P-4).

2. This Court vide order dated 27.03.2026 This had directed the parties 27.03.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness and the learned Magistrate was directed to send its report qua the genuineness and the learned Magistrate was directed to send its report qua the genuineness and the learned Magistrate was directed to send its report qua the genuineness of the compromise. of the compromise.

3. Pursuant to the aforesaid order, the parties Pursuant to the aforesaid order, have appeared before the parties have appeared before and got their statements recorded. Sub Divisional Judicial Magistrate, Khanna and got their statements recorded. and got their statements recorded. Sub Divisional Judicial Magistrate, Khanna CRM-M-9930 9930-2026 2 Sub Divisional Judicial On the basis of the statements so recorded, Sub Divisional Judicial On the basis of the statements so recorded, On the basis of the statements so recorded, Magistrate, Khanna has submitted report dated Magistrate, Khanna to the effect that as submitted report dated 09.04.2026 to the effect that the compromise has been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without the 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 tum of compromise between the parties. have not disputed the factum of compromise between the parties. have not disputed the fac

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 instant FIR. continue with the proceedings before the trial Court in the instant FIR.

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 i another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble 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 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.84, dated 10.05.2025, under , this petition is allowed and FIR No.84, dated 10.05.2025, under FIR No.84, dated 10.05.2025, under - Sections 308(2), 351(2) and 238 of BNS, at PS City-II, Khanna (Annexure P- Sections 308(2), 351(2) and 238 of BNS, at PS City Sections 308(2), 351(2) and 238 of BNS, at PS City subsequent 1) and charge order dated 08.08.2025 (Annexure P-2) and subsequent 1) and charge order dated 08.08.2025 (Annexure P 1) and charge order dated 08.08.2025 (Annexure P

22.12.2025 proceedings arising therefrom on the basis of compromise dated 22.12.2025 proceedings arising therefrom on the basis of proceedings arising therefrom on the basis of (Annexure P-4) 4) are 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.

18.04.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No