DAYA SINGH v. STATE OF PUNJAB AND ANOTHER

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Anmol Jeevan S. Gill, Mr. Anmol Jeevan S. Gill, Advocate Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Rahul Jindal, AAG, Punjab. Ms. Shruti, Advocate for respondent No.2. Ms. Shruti, Advocate for respondent No.2. Ms. Shruti, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. arguments, learned counsel for the During the course of arguments, learned counsel for the arguments, learned counsel for the During the course of petitioner orally prayed for alteration/substitution of the offence from Section petitioner orally prayed for alteration/substitution of the offence from Section petitioner orally prayed for alteration/substitution of the offence from Section petitioner orally prayed for alteration/substitution of the offence from Section of the Bharatiya of the Bharatiya Nyaya Sanhita, 2023 to Section 333 of the Bharatiya of the Bharatiya Nyaya Sanhita, 2023 to Section 33 337 of the Bharatiya Nyaya Sanhita, 2023 to Section 33 . Nyaya Sanhita, 2023 and the same is allowed. Nyaya Sanhita, 2023

2. This is a petition filed under Section This is a petiti Bharatiya Nagarik on filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for quashing of Suraksha Sanhita (BNSS), 2023 FIR No.174, dated for quashing of FIR No.174, dated and (Sections 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 and (Sections 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 23.07.2025, under Sections 308, 309(4), 333 BNS, 2023 25/54/59 of Arms Act added later on), registered 25/54/59 of Arms Act added later on) at PS City Rajpura, District registered at PS City Rajpura, District subsequent proceedings arising therefrom on the Patiala (Annexure P-1) and subsequent proceedings arising therefrom on the subsequent proceedings arising therefrom on the Patiala (Annexure P compromise dated 13.08.2025 (Annexure P-2). compromise dated 13.08.2025 (Annexure P basis of compromise dated 13.08.2025 (Annexure P

3. This Court vide order dated 11.05.2026 This had directed the parties 11.05.2026 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 CRM-M-26397 26397-2026 2 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.

4. red before the Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appea Pursuant to the aforesaid order, parties have appea and got their statements recorded. Sub Divisional Judicial Magistrate, Rajpura and got their statements recorded. and got their statements recorded. 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, Rajpura, , Rajpura, has submitted report dated to the effect that has submitted report dated 19.05.2026 to the effect that as been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without as been effected between the parties voluntarily and without the compromise h any coercion or undue influence. any coercion or undue influence.

5. 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. have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties.

6. ul purpose would be served to In view of the above, no useful purpose would be served to ul purpose would be served to In view of the above, no usef 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.

7. 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 RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3)