KEWAL SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Naveen Batra, Advocate for the petitioners. Present: Mr. Naveen Batra, Advocate for the petitioners. Mr. Naveen Batra, Advocate for the petitioners. Ms. Aiman J. Chishti, AAG, Punjab. Ms. Aiman J. Chishti, AAG, Punjab. Ms. Aiman J. Chishti, AAG, Punjab. Mr. Rahul Garg, Advocate for respondent Nos.2 to 4. Mr. Rahul Garg, Advocate for respondent Nos.2 to 4. Mr. Rahul Garg, Advocate for respondent Nos.2 to 4. ***** 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.19, dated for quashing of DDR No.19, dated

29.06.2025, under Sections 115(2), 3(5) BNS and Section 117(2) added later 29.06.2025, under Sections 115(2), 3(5) BNS and Section 117(2) added later 29.06.2025, under Sections 115(2), 3(5) BNS and Section 117(2) added later 29.06.2025, under Sections 115(2), 3(5) BNS and Section 117(2) added later 1) in FIR on, at Police Station City Budhlada, District Mansa (Annexure P-1) in FIR on, at Police Station City Budhlada, District Mansa (Ann on, at Police Station City Budhlada, District Mansa (Ann No.130, dated 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and No.130, dated 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and No.130, dated 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and No.130, dated 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and Section 117(2) of BNS added later on, registered at Police Station City Section 117(2) of BNS added later on, registered at Police Station City Section 117(2) of BNS added later on, registered at Police Station City Section 117(2) of BNS added later on, registered at Police Station City subsequent proceedings arising therefrom on Budhlada, District Mansa and subsequent proceedings arising therefrom on subsequent proceedings arising therefrom on Budhlada, District Mansa and the basis of compro compromise dated 17.03.2026 (Annexure P

17.03.2026 (Annexure P-2).

2. This Court vide order dated 02.04.2026 This had directed the parties 02.04.2026 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 genuin and the learned Magistrate was directed to send its report qua the genuin of the compromise. of the compromise. MOHIT 2026.04.28 10:12 I attest to the accuracy and authenticity of this document. CRM-M-17180 17180-2026 2

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 Divisional Judicial Magistrate, Budhlada and got their statements Divisional Judicial Magistrate, Budhlada Sub-Divisional Judicial Magistrate, Budhlada Divisional Judicial recorded. On the basis of the statements so recorded, Sub-Divisional Judicial recorded. On the basis of the statements so recorded, recorded. On the basis of the statements so recorded, Magistrate, Budhlada Budhlada has submitted report dated to the effect that has submitted report dated 17.04.2026 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 Nos.2 to Learned State counsel as well as counsel for respondent No Learned State counsel as well as counsel for respondent No disputed the factum of compromise between the parties. 4 have not disputed the factum of compromise between the parties. 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. 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 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 , this petition is allowed and DDR No.19 , dated 29.06.2025, under DDR No.19, dated 29.06.2025, under Sections 115(2), 3(5) BNS and Section 117(2) added later on, at Police Sections 115(2), 3(5) BNS and Section 117(2) added later on, at Police Sections 115(2), 3(5) BNS and Section 117(2) added later on, at Police Sections 115(2), 3(5) BNS and Section 117(2) added later on, at Police 1) in FIR No.130, dated Station City Budhlada, District Mansa (Annexure P-1) in FIR No.130, dated Station City Budhlada, District Mansa (Annexure P Station City Budhlada, District Mansa (Annexure P

28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and Section 117(2) 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and Section 117(2) 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and Section 117(2) 28.06.2025, under Sections 333, 115(2), 191(3), 190 BNS and Section 117(2) ed later on, registered at Police Station City Budhlada, District of BNS added later on, registered at Police Station City Budhlada, District ed later on, registered at Police Station City Budhlada, District ed later on, registered at Police Station City Budhlada, District subsequent proceedings arising therefrom on the basis of Mansa and subsequent proceedings arising therefrom on the basis of subsequent proceedings arising therefrom on the basis of subsequent proceedings arising therefrom on the basis of compromise dated dated 17.03.2026 (Annexure P-2) 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.

27.04.2026 Gurpreet MOHIT 2026.04.28 10:12 I attest to the accuracy and authenticity of this document. i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE