Devinder Singh and Another Devinder Singh and Another v. State of Punjab and Another
Case Details
CRM-M-22510- -2025 (O&M) -1- 330 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CRM CRM-M-22510-2025 (O&M) Date of Decision : 24.07.2025 Date of Decision : Devinder Singh and Another Devinder Singh and Another ....Petitioners VERSUS State of Punjab and Another ....Respondents RAJESH BHARDWAJ CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ CORAM : HON'BLE MR. JUSTICE Present: Mr.
Legal Reasoning
Mr. Simranjit Singh, Advocate for the petitioner , Advocate for the petitioners. Ms. Simran Goria, AAG Punjab. Ms. Simran Goria, AAG Punjab. Ms. Priyanka Sharma, Advocate for respondent No.2. Ms. Priyanka Sharma, Advocate for respondent No.2. Ms. Priyanka Sharma, Advocate for respondent No.2. -.- Rajesh Bhardwaj, J. (ORAL) Rajesh Bhardwaj, J. (ORAL) 1. Instant petition has been filed praying for quashing of FIR No.153, Instant petition has been filed praying for quashing of FIR No.153, Instant petition has been filed praying for quashing of FIR No.153, Instant petition has been filed praying for quashing of FIR No.153, dated 15.12.2024 registered under Sections 115(2), 118(1), 351(2), 191(3), 190 of dated 15.12.2024 registered under Sections 115(2), 118(1), 351(2), 191(3), 190 of dated 15.12.2024 registered under Sections 115(2), 118(1), 351(2), 191(3), 190 of dated 15.12.2024 registered under Sections 115(2), 118(1), 351(2), 191(3), 190 of tation Sadar BNS, 2023 (Sections 117(1), 118(2) of BNS added later on) at Police Station Sadar BNS, 2023 (Sections 117(1), 118(2) of BNS added later on) at Police BNS, 2023 (Sections 117(1), 118(2) of BNS added later on) at Police and subsequent proceedings arising therefrom on and subsequent proceedings arising therefrom Raikot, District Ludhiana Rural and subsequent proceedings arising therefrom Raikot, District Ludhiana the basis of compromise deed dated 20.02.2025, Annexure P the basis of compromise deed dated , Annexure P-3. 2. The FIR in question was lodged by complainant The FIR respondent No.2 and in question was lodged by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of the investigation commenced thereon. However, with the intervention of the investigation commenced thereon. However, with the intervention of the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Annex . On the basis of the compromise, the ch is apparent from Annexure P-3. On the basis of the compromise, the . On the basis of the compromise, the petitioners are praying that continuation of these proceedings would be a futile petitioners are praying that continuation of these proceedings would be a futile petitioners are praying that continuation of these proceedings would be a futile petitioners are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all may be quashed in the interest of the subsequent proceedings arising therefrom may be quashed in the interest of the subsequent proceedings arising therefrom the subsequent proceedings arising therefrom justice. TRIPTI SAINI 2025.07.28 16:36 I attest to the accuracy and integrity of this document CRM-M-22510- 3. -2025 (O&M) This Court vide order dated 05.05.2025 This Court vide order dated directed the parties to appear 05.05.2025 directed the parties to appear -2- before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended te was also directed to send its before the Court, and the trial Court/Illaqa Magistrate was also directed to send its before the Court, and the trial Court/Illaqa Magistra before the Court, and the trial Court/Illaqa Magistra report. 4. In pursuance to the same, learned Judicial Magistrate First Class, In pursuance to the same, learned Judicial Magistrate First Class, In pursuance to the same, learned Judicial Magistrate First Class, In pursuance to the same, learned Judicial Magistrate First Class, Gurdaspur has sent reports dated 31.05.2025/05.06.2025 Gurdaspur has sent reports dated . With the reports, he has 31.05.2025/05.06.2025. With the reports, he has Surjit Singh annexed photocopy of the statements of respondent No.2- complainant Surjit Singh annexed photocopy of the statements of respondent No.2 annexed photocopy of the statements of respondent No.2 and the petitioner, namely, Devinder Singh dated and the petitioner and statement of ASI dated 26.05.2025 and statement of ASI Jagdeep Singh dated . On the basis of the statements, learned Judicial dated 27.05.2025. On the basis of the statements, learned Judicial . On the basis of the statements, learned Judicial Magistrate First Class, Jagraon has concluded in its report that the comprom Magistrate First Class, ise is has concluded in its report that the compromise is genuine, voluntarily and out of free will. It has been mentioned in the report that genuine, voluntarily and out of free will. It has been mentioned in the report that genuine, voluntarily and out of free will. It has been mentioned in the report that genuine, voluntarily and out of free will. It has been mentioned in the report that there are only two accused in the present case i.e. the present petitioners. It is there are only two accused in the present case i.e. the present petitioners. It is there are only two accused in the present case i.e. the present petitioners. It is there are only two accused in the present case i.e. the present petitioners. It is further mentioned in the report that neither the accused have been declared further mentioned in the report that neither the accused have been declared further mentioned in the report that neither the accused have been declared further mentioned in the report that neither the accused have been declared imed offender nor they are involved any other case. proclaimed offender nor they are involved any other case. imed offender nor they are involved any other case. 5. Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered nt petition is liable to be against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the prese against the petitioners quashed and as such the prese accepted. 6. Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if the present FIR is quashed. the present FIR is quashed. 7. Singh, PPS, Deputy Status report by way of affidavit of Harjinder Singh, PPS, Deputy Status report by way of affidavit of Status report by way of affidavit of Superintendent of Police, Raikot, District Ludhiana Superintendent of Police, filed in Court is taken hiana (Rural) filed in Court is taken on record. 8. I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and the report sent by learned Judicial Magistrate First Class, the report sent by learned Judicial Magistrate First Class, Jagraon. TRIPTI SAINI 2025.07.28 16:36 I attest to the accuracy and integrity of this document CRM-M-22510- 9. -2025 (O&M) Nagrik A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik A bare perusal of statutory provisions of the 528 of A bare perusal of statutory provisions of the 528 of -3- would show that the High Court may make such orders, as Suraksha Sanhita, 2023 would show that the High Court may make such orders, as would show that the High Court may make such orders, as Suraksha Sanhita, 2023 may be necessary to give effect to any order under this Code or to prevent abuse of may be necessary to give effect to any order under this Code or to prevent abuse of may be necessary to give effect to any order under this Code or to prevent abuse of may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 Bhartiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, tiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, 2023. 10. Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab number of cases including Narinder Singh and others Versus State of Punjab Narinder Singh and others Versus State of Punjab