MANIK MAKKAR MANIK MAKKAR v. STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND
Case Details
CRM-M-25202 25202-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA 211 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CRM- -M-25202-2025 (O&M) Date of Decision: 13.11.2025 Date of Decision: MANIK MAKKAR MANIK MAKKAR Versus STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND …Petitioner …Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present:- Mr. Manik Moudgil, Advocate for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab. Mr. Vinay Kumar Malhotra, DAG, Punjab. , Advocate Mr. Arshdeep Bhullar, Advocate for respondent No.2. SANJAY VASHISTH, J.(Oral) SANJAY VASHISTH 1. Instant petition has been filed under Section 528 of Instant petition has been filed under Section 528 of BNSS, seeking quashing of the below detailed First Information BNSS, seeking quashing of the below detailed First Information BNSS, seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, Report (FIR), and all the consequential proceedings arising therefrom, Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the settlement/agreement dated on the basis of the dated 28.04.2025 (Annexure ), effected between the parties. P-4), effected between the parties. DETAILS OF CRIMINAL CASE:- DETAILS OF CRIMINAL CASE FIR No. 130 Date Section(s) 323, 341, 506 of IPC 11.07.2025 323, 341, 506 of IPC Police Station City Patiala Rajpura, 2. , the affected parties were Vide order dated 12.05.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for directed to appear before the learned Trial Court/Illaqa Magistrate, for directed to appear before the learned Trial Court/Illaqa Magistrate, for HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-25202 25202-2025 (O&M) -2- getting their respective statements recorded with regard to the getting their respective statements recorded with regard to the getting their respective statements recorded with regard to the compromise. compromise. 3. Report has since been received from learned District and Report has since been received from learned District and , in pursuance to the directions of this Court Sessions Judge, Patiala, in pursuance to the directions of this Court Sessions Judge, wherein, the factum of the compromise arrived at between the parties wherein, the factum of the compromise arrived at between the parties wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has stands verified and confirmed. As per the report(s) compromise has stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any indeed been effected between the parties and the same is without an indeed been effected between the parties and the same is without an pressure or coercion and out of their free will and the private pressure or coercion and out of their free will and the private pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would respondents have also made statement to the effect that they would respondents have also made statement to the effect that they would have no objection if the FIR qua the accused- have no objection if the FIR qua the accused -petitioners is quashed. 4. The trial Court has annexed the statements of the parties The trial Court has annexed the statements of the in original, along with its report. The relevant part of the said report is in original, along with its report. The relevant part of the said report is in original, along with its report. The relevant part of the said report is reproduced herebelow: reproduced herebelow: Sr. No. 1. Total number of persons Total number of persons found involved as accused found involved as accused in the dispute/FIR in the dispute/FIR Description Description accused one accused 2. Number of Number of complainant/victim(s) complainant/victim(s) victim/complainant One victim/complainant 3. Whether all the accused and Whether all the accused and complainant / victims are complainant / victims are party to compromise & party to compromise & signed the same signed the same Yes No complainant/accused has been left No complainant/accused has been left out in the petition and all have been out in the petition and all have been arrayed as party in the petition. arrayed as party in the petition. 4. In case, any affected In case, any affected person(accused or person(accused or complainant) is left out or complainant) is left out or not arrayed as party in the not arrayed as party in the quashing petition before quashing petition before High Court, detail whereas; High Court, detail whereas; HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-25202 25202-2025 (O&M) -3- Or His/her statement is till to His/her statement is till to be recorded, in compliance be recorded, in compliance to the direction of this to the direction of this Court, details of such Court, details of such person person No Yes 5. Whether any accused has Whether any accused has been declared as a been declared as a proclaimed offender/person proclaimed offender/person or any such proceedings or any such proceedings against him/her have been against him/her have been initiated or pending initiated or pe adjudication adjudication 6. Report of the Court Report of the Court whether compromise is whether compromise is genuine, voluntary, and genuine, voluntary, and without any coercion or without any coercion or undue influence undue influence 7. Any other aspect relevant to Any other aspect relevant to the present case. the present case. Nothing worth noticing reported Nothing worth noticing reported 5. submits that there are no other Learned State counsel too submits that there are no other accused other than the petitioner and the private respondent is the only accused other than the petitioner and the private respondent accused other than the petitioner and the private respondent aggrieved person in the FIR in question. aggrieved person in the FIR in question. 6. In view of the report of the learned Sub Divisional In view of the report of the learned Judicial Magistrate, Rajpura, and the principles laid Judicial Magistrate, Rajpura , and the principles laid down by Hon’ble Gian Singh Vs. State of Punjab and others (2012) the Apex Court in Gian Singh Vs. State of Punjab and others (2012) the Apex Court in 10 SCC 303, and also by the Full Bench of this Court in 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR Singh and others Vs. State of Punjab and another, 2007(3) RCR Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 allowed. The aforesaid FIR 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. and all consequential proceedings arising out of it, are quashed. and all consequential proceedings arising out of it, are quashed. HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-25202 25202-2025 (O&M) -4- 7. 8.
Decision
Petition stands disposed of. Needless to say the parties shall remain bound by the Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court terms of compromise and their statements recorded before the Court terms of compromise and their statements recorded before the Court below. 13.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No (SANJAY VASHISTH) JUDGE HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document