VARUN CHOPRA & Ors. v. STATE OF PUNJAB

Mr. Nigam Bhardwaj, Advocate for the applicants-petitioners Mr. Nigam Bhardwaj, Advocate for the Present: Mr. Nigam Bhardwaj, Advocate for the Ms. Ruchika Sabherwal, Senior DAG, Punjab Ms. Ruchika Sabherwal, Senior DAG, Punjab Ms. Ruchika Sabherwal, Senior DAG, Punjab Mr. Ashu Rana, Advocate for Mr. Ashu Rana, Advocate for Mr. Sachin Ohri, Advocate for respondent No.2 Mr. Sachin Ohri, Advocate for respondent No.2 Mr. Sachin Ohri, Advocate for respondent No.2 , Advocate for the petitioner , Advocate for the petitioner Mr. Neeraj Poswal, AAG, Haryana Mr. Neeraj Poswal, AAG, Haryana Mr. Neeraj Poswal, AAG, Haryana **** MANISHA BATRA, J. (ORAL) MANISHA BATRA, J. (ORAL) 2026 CRM-26790-2026

#1. Prayer in this application is made for preponing the hearing of Prayer in this application is made for preponing the hearing of Prayer in this application is made for preponing the hearing of the case which is fixed for 07.09.2026. the case which is fixed for 07.09.2026.

#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 has advance notice of the application and submits that they have no has advance notice of the application and submits that they have no has advance notice of the application and submits that they have no objection if the application is allowed. objection if the application is allowed.

#3. Accordingly the application is allowed and the hearing of the Accordingly the application is allowed and the hearing of the Accordingly the application is allowed and the hearing of the case is preponed and the case is taken on the board of this Court today case is preponed and the case is taken on the board of this Court today case is preponed and the case is taken on the board of this Court today itself. CRM-M-51179 51179-2025 (O&M) (2) CRM-M-51179 51179-2025

#1. The present petition has been filed under Section 528 of The present petition has been filed under Section 528 of The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.0219 dated 30.07.2025 registered under Sections 316(2), 316(5), FIR No.0219 dated 30.07.2025 registered under Sections 316(2), 316(5), FIR No.0219 dated 30.07.2025 registered under Sections 316(2), 316(5), 318(4), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short 318(4), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Division No.5, Ludhiana and subsequent proceedings emanating Station Division No.5, Ludhiana and subsequent proceedings emanating Station Division No.5, Ludhiana and subsequent proceedings emanating therefrom on the basis of compromise dated 03.09.2025 (Annexure P-2). therefrom on the basis of compromise dated 03.09.2025 (Annexure P therefrom on the basis of compromise dated 03.09.2025 (Annexure P

#2. This Court vide order dated 20.01.2026 This Court vide order dated

20.01.2026 had directed the rt to get their statements recorded and parties to appear before the trial Court to get their statements recorded and parties to appear before the trial Cou the learned Magistrate was directed to send his report qua the genuineness the learned Magistrate was directed to send his report qua the genuineness the learned Magistrate was directed to send his report qua the genuineness of the compromise. of the compromise.

#3. Pursuant to the aforesaid order, parties have appeared before Pursuant to the aforesaid order, parties have appeared before Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate Chief Judicial Magistrate, Ludhiana Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate recorded. On the basis of the statements so recorded, learned Magistrate recorded. On the basis of the statements so recorded, learned Magistrate to the effect that the compromise has submitted report dated 30.01.2026 to the effect that the compromise has submitted report dated has been effected between the parties voluntarily and without any coercion has been effected between the parties voluntarily and without any coercion has been effected between the parties voluntarily and without any coercion or undue influence. or undue influen

#4. 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. CRM-M-51179 51179-2025 (O&M) (3)

#5. In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR. continue with the Following the principles laid down by the Full Bench judgment of this Following the principles laid down by the Full Bench judgment of this Following the principles laid down by the Full Bench judgment of this Kulwinder Singh and others Versus State of Punjab and another Court in Kulwinder Singh and others Versus State of Punjab and another Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Su 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.0219 dated 30.07.2025 registered , this petition is allowed and FIR No.0219 dated 30.07.2025 registered under Sections 316(2), 316(5), 318(4), 61(2) of Bharatiya Nyaya Sanhita, under Sections 316(2), 316(5), 318(4), 61(2) of under Sections 316(2), 316(5), 318(4), 61(2) of ation Division No.5, Ludhiana and 2023 (for short “BNS”) at Police Station Division No.5, Ludhiana and 2023 (for short “BNS”) subsequent proceedings emanating therefrom on the basis of compromise subsequent proceedings emanating therefrom on the basis of compromise subsequent proceedings emanating therefrom on the basis of compromise are quashed qua the petitioners. dated 03.09.2025 (Annexure P-2) are quashed qua the petitioners. dated 03.09.2025 (Annexure P

10.07.2026 Amit Sharma Yes/No Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No (MANISHA BATRA) (MANISHA BATRA) JUDGE