CRM-M-15733 v. STATE OF PUNJAB & Ors.

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Manoj R. Sharma, Advocate for the petitioners. Present: Mr. Manoj R. Sharma, Advocate for the petitioners. Mr. Manoj R. Sharma, Advocate for the petitioners. Mr. Ravneet Singh Lekhi, AAG, Punjab. Mr. Ravneet Singh Lekhi, AAG, Punjab. Mr. Ravneet Singh Lekhi, AAG, Punjab. Sandeep Sharma, Advocate for respondent Nos.2 and 3. Mr. Sandeep Sharma, Advocate for respondent Nos.2 and 3. Mr. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J.

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.128, dated for quashing of FIR No.128, dated

18.11.2024, under Sections 115(2), 117(2), 305, 190, 333 BNS and Section 18.11.2024, under Sections 115(2), 117(2), 305, 190, 333 BNS and Section 18.11.2024, under Sections 115(2), 117(2), 305, 190, 333 BNS and Section 18.11.2024, under Sections 115(2), 117(2), 305, 190, 333 BNS and Section ity Batala, District Gurdaspur 118(1) and 238 of BNS added later on, at PS City Batala, District Gurdaspur 118(1) and 238 of BNS added later on, at PS C 118(1) and 238 of BNS added later on, at PS C (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 dated 2). dated 17.02.2026 (Annexure P-2).

2. This Court vide order dated 24.03.2026 This had directed the parties 24.03.2026 had directed the parties Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded Magistrate to get their statements recorded to appear before the Illaqa/Duty 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, Batala and got their statements recorded. and got their statements recorded. Sub Divisional Judicial Magistrate, Batala CRM-M-15733 15733-2026 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, Batala has submitted report dated Magistrate, Batala to the effect that the has submitted report dated 09.04.2026 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. and 3 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 ings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR. continue with the proceed

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 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 e 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 e Court in Gian Singh Versus State of Punjab and others (2012) 10 e Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.128, dated 18.11.2024, under , this petition is allowed and FIR No.128, dated 18.11.2024, under FIR No.128, dated 18.11.2024, under Sections 115(2), 117(2), 305, 190, 333 BNS and Section 118(1) and 238 of Sections 115(2), 117(2), 305, 190, 333 BNS and Section 118(1) and 238 of Sections 115(2), 117(2), 305, 190, 333 BNS and Section 118(1) and 238 of Sections 115(2), 117(2), 305, 190, 333 BNS and Section 118(1) and 238 of 1) BNS added later on, at PS City Batala, District Gurdaspur (Annexure P-1) BNS added later on, at PS City Batala, Dist BNS added later on, at PS City Batala, Dist 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 17.02.2026 (Annexure P are quashed. 17.02.2026 (Annexure P-2) 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.

17.04.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No