STATE OF PUNJAB AND ANOTHER vs HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Abhishek Sharma, Advocate Present: Mr. Abhishek Sharma, Advocate for the petitioner. for the petitioner. Mr. Vivek Sharma, AAG, Punjab. Mr. Vivek Sharma, AAG, Punjab. Mr. Vivek Sharma, AAG, Punjab. Mr. Rahul Bansal, Advocate Mr. Rahul Bansal, Advocate for respondent No.2. for respondent No.2. ***** 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.47, dated for quashing of FIR No.47, dated

04.04.2025, under Sections 406, 420 IPC, at Police Station Hariana, District 04.04.2025, under Sections 406, 420 IPC, at Police Station Hariana, District 04.04.2025, under Sections 406, 420 IPC, at Police Station Hariana, District 04.04.2025, under Sections 406, 420 IPC, at Police Station Hariana, District Hoshiarpur (Annexure P-1) and subsequent proceedings a Hoshiarpur (Annexure P rising therefrom on subsequent proceedings arising therefrom on the basis of compromise/settlement compromise/settlement dated 02.02.2026 (Annexure P

02.02.2026 (Annexure P-3).

2. This Court vide order dated 09.03.2026 This had directed the parties 09.03.2026 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 ate was directed to send its report qua the genuineness and the learned Magistrate was directed to send its report qua the genuineness ate was directed to send its report qua the genuineness and the learned Magistr 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 and got their statements recorded. Judicial Magistrate First Class, Hoshiarpur and got their statements recorded. and got their statements recorded. Judicial Magistrate First Class, Hoshiarpur GURPREET 2026.04.01 18:13 I attest to the accuracy and authenticity of this document. CRM-M-12562 12562-2026 2 On the basis of the statements so recorded, On the basis of the statements Judicial Magistrate First Class, so recorded, Judicial Magistrate First Class, Hoshiarpur has submitted report dated has submitted report dated 24.03.2026 to the effect that the 24.03.2026 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. well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 well as counsel for respondent No.2 Learned State counsel as 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 instant FIR. continue with the proceedings before the trial Court in the instant FIR.

6. inciples laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment inciples laid down by the Full Bench judgment Following the pr 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 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.47, dated 04.04.2025, under , this petition is allowed and FIR No.47, dated 04.04.2025, under FIR No.47, dated 04.04.2025, under Sections 406, 420 IPC, at Police Station Hariana, District Hoshiarpur Sections 406, 420 IPC, at Police Station Hariana, District Hoshiarpur Sections 406, 420 IPC, at Police Station Hariana, District Hoshiarpur Sections 406, 420 IPC, at Police Station Hariana, District Hoshiarpur (Annexure P-1) and subsequent proceedings arising therefrom on the basis of 1) and subsequent proceedings arising therefrom on the basis of subsequent proceedings arising therefrom on the basis of compromise/settlement dated 02.02.2026 (Annexure P compromise/settlement (Annexure P-3) 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.

27.03.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2026.04.01 18:13 I attest to the accuracy and authenticity of this document.