29.07.2025 State of Punjab and Anr. State of Punjab and Anr v. CORAM
Case Details
CRM-M-24411 24411-2025 - -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (272) Gurjinder Singh Gurjinder Singh CRM-M-24411-2025 .07.2025 Date of Decision:- 29.07.2025 State of Punjab and Anr. State of Punjab and Anr. Versus CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** petitioner ……petitioner ……Respondent ……Respondent Present: Ms. Aarti Sharma, Advocate for the , Advocate for the petitioner. Mr. Sahil Choudhary, AAG, Punjab. Mr. Sahil Choudhary, AAG, Punjab. Ms. Kusum Raj, Advocate for respondent No.2. Ms. Kusum Raj, Advocate for respondent No.2. ALOK JAIN, J. (Oral) ALOK JAIN, 1. 528 BNSS The instant petition has been filed under Section 528 BNSS The instant petition has been filed under Section seeking quashing of FIR No.35 dated 30.04.2021 seeking quashing of 30.04.2021, under Sections 498-A, A, 406 of IPC, registered at Police Station Taragarh District Pathankot, Taragarh District Pathankot, Taragarh District Pathankot, 406 of IPC, Punjab (Annexure P-1) and subsequent proceeding arising t Punjab (Annexure P herefrom on and subsequent proceeding arising therefrom on the basis of compromise dated 17.07.2024 (Annexure P the basis of compromise dated 17.07.2024 (Annexure P-3). 2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated settlement, the Coordinate Bench of this 14.07.2025 Court vide order dated 14.07.2025 a Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaq directed the parties to appear before the Illaq getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report dated 23.07.2025 23.07.2025 has been received from has been received from Judicial Magistrate 1st Class, Class, Pathankot stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is ry and the same is without any pressure, coercion or undue voluntary and the same is without any pressure, coercion or undue ry and the same is without any pressure, coercion or undue ry and the same is without any pressure, coercion or undue influence. MANJU 2025.07.30 14:26 I attest to the accuracy and integrity of this document CRM-M-24411 24411-2025 - -2- 3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that of respondent No.2 they admit the factum of compromise and submit that they have no objection no objection in quashing of the FIR on that quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have in amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS are bleak. The power unde can be exercised in such 528 BNSS can be exercised in such Gian Singh v. matters. It has been held by Supreme Court of India in cases Gian Singh v. matters. It has been held by Supreme Court of India in cases matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and State of Punjab and another Narinder Singh and 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases others v. State of Punjab and another 2014(6) SCC 406 that criminal cases 2014(6) SCC 406 that criminal cases others v. State of Punjab and another having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, disputes among should be quashed when the parties have resolved the disputes among should be quashed when the parties have resolved should be quashed when the parties have resolved themselves in a elves in a bona fide manner. 5. Consequently, the present petition is allowed 35 petition is allowed. FIR No.35 dated 30.04.2021 30.04.2021, under Sections 498-A, 406 of IPC, registered at Police A, 406 of IPC, registered at Police and Taragarh District Pathankot, Punjab (Annexure P-1) and Station Taragarh District Pathankot, Punjab (Annexure P Taragarh District Pathankot, Punjab (Annexure P subsequent proceeding arising therefrom, subsequent proceeding arisin are hereby quashed qua the , are hereby quashed qua the petitioner subject to costs of Rs.10,000/- to be paid by petitioner subject to cost and to be paid by the petitioner and Rs.10,000/- to be paid by respondent No.2 two weeks by respondent No.2 within a period of two weeks from today in the account of the Poor Patients Welfare Fund, PGIMER, Poor Patients Welfare Fund, PGIMER, Chandigarh. Chandigarh , 2025 July 29, 2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No MANJU 2025.07.30 14:26 I attest to the accuracy and integrity of this document (ALOK JAIN) JUDGE