21.07.2025 GURPREET SINGH AND ORS. GURPREET SINGH AND ORS v. PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE
Case Details
325 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-M-28185-2025 CRM Date of decision: Date of decision: 21.07.2025 GURPREET SINGH AND ORS. GURPREET SINGH AND ORS. ...PETITIONERS V/S PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MR.
Legal Reasoning
HARPREET SINGH BRAR HON’BLE MR. JUSTICE HARPREET SINGH BRAR ...RESPONDENTS Present: Mr. Mr. Atul Goyal, Advocate for the petitioner for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Mr. Rishabh Singla, AAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) HARPREET SINGH BRAR 1. petition has been filed under Section 528 of Bharatiya Instant petition has been filed under Section 528 of Bharatiya Instant Nagarik Suraksha Sanhita seeking quashing of the FIR No.04 dated Nagarik Suraksha Sanhita seeking quashing of the FIR No. Nagarik Suraksha Sanhita seeking quashing of the FIR No. 09.01.2023, registered under Sections , registered under Sections 379(2), 34, 411, 473 379(2), 34, 411, 473 of Indian Penal Code and Section 25 of Arms Act and Section 25 of Arms Act at Police Station at Police Station Simlapuri, District further seeking setting aside of the judgment of conviction and Ludhiana and further seeking setting aside of the judgment of conviction and further seeking setting aside of the judgment of conviction and order on quantum of sentence dated 17.01.2025 passed by learned Additional order on quantum of sentence dated 17.01.2025 passed by learned Additional order on quantum of sentence dated 17.01.2025 passed by learned Additional all subsequent proceedings arising out of the same, Sessions Judge, Ludhiana, all subsequent proceedings arising out of the same, Sessions Judge, Ludhiana, on the basis of compromise dated 19.04.2025 (Annexure P on the basis of c 19.04.2025 (Annexure P-3). 2. The following order was passed on 23.05.2025 :- The following order was passed on The following order was passed on Instant petition has been filed under Section 528 of “Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking quashing of the FIR Bharatiya Nagarik Suraksha Sanhita seeking quashing of the No.04 dated 09.01.2023, registered under Sections 379(2), 34, No.04 dated 09.01.2023, registered under Se 411, 473 of Indian Penal Code and Section 25 of Arms Act at 411, 473 of Indian Penal Code and Section 25 of Arms Act at Police Station Simlapuri, District Ludhiana and further seeking Police Station Simlapuri, District Ludhiana and further seeking setting aside of the judgment of conviction and order on quantum setting aside of the judgment of conviction and order on quantum of sentence dated 17.01.2025 passed by learned Additional of sentence dated 17.01.2025 passed by learned A Sessions Judge, Ludhiana, all subsequent proceedings arising out Sessions Judge, Ludhiana, all subsequent proceedings arising out of the same, on the basis of compromise dated 19.04.2025 of the same, on the basis of compromise dated 19.04.2025 (Annexure P-3). HIMANSHU 2025.07.23 11:48 I attest to the accuracy and integrity of this document CRM-M-25801 25801-2025 2 Notice of motion. Mr. Subhash Godara, Addl. AG Punjab who is present in Mr. Subhash Godara, Addl. AG Punjab who is present in the Court, accepts notice on behalf of respondent No. 1-State and the Court, accepts notice on behalf of respondent No. 1 , Advocate has put in appearance on Mr. Jigarjeet Singh Virk, Advocate has put in appearance on behalf of respondent No. 2 and filed power of attorney. Same is behalf of respondent No. 2 and filed power of attorney. Same is ord. Learned counsel for respondent No. 2 admits the taken on record. Learned counsel for respondent No. 2 admits the factum of compromise. Service is complete. .07.2025. Adjourned to 21.07.2025. In the meantime, Parties are directed to appear before the In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks learned trial Court/Illaqa Magistrate within a period of two weeks any other date convenient to the trial Court/Illaqa Magistrate or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and to get their statements recorded regarding the compromise and after recording after recording their statements, their statements, learned trial Court/Illaqa learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed are pending against any of the party on or before the date fixed i.e. 21.07.2025. A copy of this order be sent to learned trial Court/Illaqa A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” Magistrate through fax for compliance. 3. iance of the aforesaid order, a report has been received In compliance of the aforesaid order, a report has been received In compl from the concerned jurisdictional Court that the compromise between the from the concerned jurisdictional Court that the compromise between the from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from parties is genuine and arrived at without any pressure or coercion from parties is genuine and arrived at without any pressure or coercion from anyone. 4. In view of the compromise and the ratio of law laid down by the In view of the compromise and the ratio of In view of the compromise and the ratio of Narinder Singh and others vs. State of Punjab Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab Hon’ble Supreme Court in