JASVIR SINGH 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. Jasinder Singh Sekhon, Mr. Jasinder Singh Sekhon, Advocate Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab. Ms. Amrit Kaur Mahir, AAG, Punjab Ms. Amrit Kaur Mahir, AAG, Punjab , Advocate for respondent No.2. Mr. Inder Preet Singh, 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), 2023 DDR No.18, dated for quashing of DDR No.18, dated 2) under Sections 324, 323, 148 and 149 of IPC, 28.08.2016 (Annexure P-2) under Sections 324, 323, 148 and 149 of IPC, 2) under Sections 324, 323, 148 and 149 of IPC, 28.08.2016 (Annexure P st the present registered at Police Station Rahon, District SBS Nagar against the present registered at Police Station Rahon, District SBS Nagar again registered at Police Station Rahon, District SBS Nagar again petitioner and co-accused and DDR No.32 dated 31.08.2016 (Annexure P petitioner and co 3) accused and DDR No.32 dated 31.08.2016 (Annexure P-3) vide which Section 325 was added against the petitioner upon the MLR of vide which Section 325 was added against the petitioner upon the MLR of vide which Section 325 was added against the petitioner upon the MLR of vide which Section 325 was added against the petitioner upon the MLR of complainant in case FIR No.119, dated 28.08.2016, under Sections 323, 324, complainant in case FIR No.119, dated 28.08.2016, under Sections 323, 324, complainant in case FIR No.119, dated 28.08.2016, under Sections 323, 324, complainant in case FIR No.119, dated 28.08.2016, under Sections 323, 324, 148, 149 IPC, registered at PS Rahon, District SBS Nagar (Annexure P 148, 149 IPC, register ed at PS Rahon, District SBS Nagar (Annexure P-1) and 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 13.02.2019

13.02.2019 (Annexure P-4).

2. This Court vide order dated 24.04.2026 This had directed the parties 24.04.2026 had directed the parties uty Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded uty Magistrate to get their statements recorded to appear before the Illaqa/D CRM-M-11063 11063-2026 2 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, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the Additional Chief Judicial Magistrate Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, and got , Shaheed Bhagat Singh Nagar, and got their statements recorded. On the basis of the statements so recorded, their statements recorded. On the basis of the statements so recorded, their statements recorded. On the basis of the statements so recorded, their statements recorded. On the basis of the statements so recorded, Additional Chief Judicial Magistrate Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, , Shaheed Bhagat Singh Nagar, has to the effect that the compromise has been submitted report dated 11.05.2026 to the effect that the compromise has been to the effect that the compromise has been submitted report dated effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue influence.

4. , Advocate has put in appearance on behalf Mr. Inder Preet Singh, Advocate has put in appearance on behalf , Advocate has put in appearance on behalf Mr. of respondent No.2 and has filed his power of attorney in Court today, which respondent No.2 and has filed his power of attorney in Court today, which and has filed his power of attorney in Court today, which is taken on record. is taken on record.

5. earned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 earned State counsel as well as counsel for respondent No.2 L 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.

6. 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 F continue with the proceedings before the trial Court in the instant F

7. 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 , this in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this in Gian Singh Versus State of Punjab and othe in Gian Singh Versus State of Punjab and othe petition is allowed and DDR No.18, dated 28.08.2016 (Annexure P petition is allowed and 2) under DDR No.18, dated 28.08.2016 (Annexure P-2) under Sections 324, 323, 148 and 149 of IPC, registered at Police Station Rahon, Sections 324, 323, 148 and 149 of IPC, registered at Police Station Rahon, Sections 324, 323, 148 and 149 of IPC, registered at Police Station Rahon, Sections 324, 323, 148 and 149 of IPC, registered at Police Station Rahon, accused and DDR District SBS Nagar against the present petitioner and co-accused and DDR District SBS Nagar against the present petitioner and co District SBS Nagar against the present petitioner and co No.32 dated 31.08.2016 (Annexure P 3) vide which Section 325 was added ted 31.08.2016 (Annexure P-3) vide which Section 325 was added 3) vide which Section 325 was added against the petitioner upon the MLR of complainant in case FIR No.119, against the petitioner upon the MLR of complainant in case FIR No.119, against the petitioner upon the MLR of complainant in case FIR No.119, against the petitioner upon the MLR of complainant in case FIR No.119, CRM-M-11063 11063-2026 3 dated 28.08.2016, under Sections 323, 324, 148, 149 IPC, registered at PS dated 28.08.2016, under Sections 323, 324, 148, 149 IPC, registered at PS dated 28.08.2016, under Sections 323, 324, 148, 149 IPC, registered at PS dated 28.08.2016, under Sections 323, 324, 148, 149 IPC, registered at PS Rahon, District SBS Nagar (Annexure P-1) Rahon, District SBS Nagar (Annexure P proceedings 1) and consequential proceedings - arising therefrom on the basis of compromise dated 13.02.2019 (Annexure P- arising therefrom on the basis of compromise dated arising therefrom on the basis of compromise dated are quashed. 4) are quashed.

8. 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.

26.05.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No