GURINDER SINGH GURINDER SINGH … v. OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS
Case Details
CRM-M-52047 52047-2025 -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 285 CRM-M-52047-2025 CRM Date of decision: 27.10.2025 Date of decision: GURINDER SINGH GURINDER SINGH ….Petitioner Versus OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS .…Respondents CORAM: HON’BLE MR. JUSTICE SUMEET GOEL CORAM: HON’BLE MR. JUSTICE SUMEET GOEL CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Simranjit Singh, Advocate for the petitioner. Present: Mr. Simranjit Singh, Advocate for the petitioner. Mr. Simranjit Singh, Advocate for the petitioner. Mr. Gaurav Gurcharan S. Rai, DAG, Punjab. Mr. Gaurav Gurcharan S. Rai, DAG, Punjab. Mr. Gaurav Gurcharan S. Rai, DAG, Punjab. Mr. Himanshu Arora, advocate for respondents No.2 to 4. Mr. Himanshu Arora, advocate for respondents No.2 to 4. Mr. Himanshu Arora, advocate for respondents No.2 to 4. *** *** SUMEET GOEL, J. (ORAL) SUMEET GOEL, J. 1. Present petition (CRM-M-52047 Present petition ( ) has been filed under 52047-2025) has been filed under
Legal Reasoning
FIR 528 Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR 528 Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, No.39, dated 109, 333, 115(2), 351(2), 324(4), , dated 24.05.2025 under Sections 109, 333, 115(2), 351(2), 324(4), 109, 333, 115(2), 351(2), 324(4), registered at Police 191(3), 190 of The Bharatiya Nyaya Sanhita (BNS), registered at Police 191(3), 190 of The Bharatiya Nyaya Sanhita (BNS), 191(3), 190 of The Bharatiya Nyaya Sanhita (BNS), Station City Kurali, and all subsequent proceedings arising City Kurali, District SAS Nagar, and all subsequent proceedings arising and all subsequent proceedings arising therefrom. 2 , the following order was passed: On 17.09.2025, the following order was passed: On “The p The petitioners have approached this Court seeking quashing of FIR etitioners have approached this Court seeking quashing of FIR 1) and all consequential proceedings emanating therefrom on the basis of a (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a 1) and all consequential proceedings emanating therefrom on the basis of a 1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Learned counsel for the petitioners compromise having been effected between the parties. Learned counsel for the petitioners compromise having been effected between the parties. Learned counsel for the petitioners compromise having been effected between the parties. Learned counsel for the petitioners all concerned are parties to the present petition in terms of the dicta of has submitted that all concerned are parties to the present petition in terms of the dicta of all concerned are parties to the present petition in terms of the dicta of has submitted that the Division Bench judgment of this Court passed in 'Rakesh Das Vs. State of Haryana and the Division Bench judgment of this Court passed in 'Rakesh Das Vs. State of Haryana and the Division Bench judgment of this Court passed in 'Rakesh Das Vs. State of Haryana and the Division Bench judgment of this Court passed in 'Rakesh Das Vs. State of Haryana and another', Neutral Citation: 2024:PHHC;147654-DB. another', Neutral Citation: 2024:PHHC;147654 Notice of motion. Notice of motion.
Legal Reasoning
Kumar Goyal, Addl. AG, Punjab has put in At this stage, Mr. Amit Kumar Goyal, Addl. AG, Punjab has put in Kumar Goyal, Addl. AG, Punjab has put in At this stage, Mr. Amit State of Punjab and accepts notice. appearance on behalf of respondent No.1-State of Punjab and accepts notice. appearance on behalf of respondent No.1 Mr. Himanshu Arora, Advocate has filed vakalatnama Mr. on behalf of , Advocate has filed vakalatnama on behalf of respondent Nos.2 to 4. The same be taken on record. respondent Nos.2 to d to get their statements recorded qua the factum of The parties are directed to get their statements recorded qua the factum of d to get their statements recorded qua the factum of The parties are directe compromise in the following manner: compromise in the following manner: GURPREET 2025.10.28 16:36 I attest to the accuracy and authenticity of this document. CRM-M-52047 52047-2025 -2- (i) The parties shall appear before the trial Court/Illaqa The parties shall appear before the trial Court/Illaqa The parties shall appear before the trial Court/Illaqa Magistrate concerned on 22.09.2025 or any date thereafter as Magistrate concerned on 22.09.2025 or any date thereafter as Magistrate concerned on 22.09.2025 or any date thereafter as Court/Illaqa Magistrate for recording statements fixed by trial Court/Illaqa Magistrate for recording statements Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of the petitioner as well as of the complainant qua the factum of the petitioner as well as of the complainant qua the factum of compromise. As and when any such appearance is made, of compromise. As and when any such appearance is made, of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for the trial Court/Illaqa Magistrate shall do the needful for the trial Court/Illaqa Magistrate shall do the needful for the factum of the recording the statements of the parties qua the factum of the recording the statements of t compromise. It shall be open to the trial Court/Illaq compromise. It shall be open to the tria qa Magistrate to either record the statements of the parties by Magistrate to either record the statements of the parties by Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed rocess or by video conferencing as deemed appropriate by the trial Court/lllaqa Magistrate. appropriate by the trial Court/llla (ii) case the statement is to be recorded by way of video case the statement is to be recorded by way of vide In case the statement is to be recorded by way of vide conferencing, the parties concerned shall be duly identified conferencing, the parties concerned shall be duly identified conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, through video conferencing by their respective counsel, through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer. subject to the satisfaction of the Presiding Officer (iii) Magistrate may also choose to get the The trial Court/Illaqa Magistrate may also choose to get the Magistrate may also choose to get the statements of statements of statements of the parties the parties the parties recorded recorded recorded through through through some some some Commissioner, appointed by the Court who would be some Commissioner, appointed by the Court who would be some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the Advocate having sufficient standing at the Bar. In case the Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such statement is recorded through some Commissioner, such statement is recorded through some Commissioner, such ommissioner/Advocate shall Commissioner/Advocate shall ommissioner/Advocate shall furnish an affidavit after furnish an affidavit after furnish an affidavit after recording statements to the effect that the parties had recording statements to the effect that the parties had recording statements to the effect that the parties had appeared before him/her and he/she had recorded their appeared before him/her and he/she had recorded their appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly statements as per law and that the said parties had been duly statements as per law and that the said parties had been duly counsel. This shall be subject to identified by their respective counsel. This shall be subject to identified by their respective satisfaction of trial Court/Illaqa Magistrate. satisfaction of trial Court/Illaqa Magistrate. of the After recording the statements of all the affected parties in either of the After recording the statements of all the affected parties in either After recording the statements of all the affected parties in either aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of atements so recorded as to whether all the affected parties have entered into a the statements so recorded as to whether all the affected parties have entered into a atements so recorded as to whether all the affected parties have entered into a atements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and as to whether the compromise in question is found to be a valid compromise and as to whether the compromise in question is found to be a valid compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion. compromise and has been effected without there being any kind of influence or coercion. compromise and has been effected without there being any kind of influence or coercion. Court/Illaqa Magistrate shall also report as regards the following The trial Court/Illaqa Magistrate shall also report as regards the following Court/Illaqa Magistrate shall also report as regards the following The trial facts after seeking information from Investigating Officer, concerned: facts after seeking information from Investigating Officer, concerned: facts after seeking information from Investigating Officer, concerned: (i) Whether there is any other accused other than the petitioner, arrayed in this petition? (i) Whether there is any other accused other than the petitioner, arrayed in this petition? (i) Whether there is any other accused other than the petitioner, arrayed in this petition? (ii) Whether there is any other complainant or affected/ (ii) Whether there is any aggrieved party other than the complainant or affected/aggrieved party other than the respondents, arrayed in the petition? respondents, arrayed in the petition? (iii) Whether any accused has been declared Proclaimed Offender? (iii) Whether any accused has been declared Proclaimed Offender? (iii) Whether any accused has been declared Proclaimed Offender? GURPREET 2025.10.28 16:36 I attest to the accuracy and authenticity of this document. CRM-M-52047 52047-2025 -3- date of hearing i.e. The report be submitted before this Court before the next date of hearing i.e. The report be submitted before this Court before the next The report be submitted before this Court before the next 27.10.2025. as costs with the The petitioner are directed to deposit a sum of ₹10,000/- as costs with the The petitioner are directed to deposit a sum of The petitioner are directed to deposit a sum of High Court Lawyers Welfare Fund. Bank details whereof reads thus: High Court Lawyers Welfare Fund. Bank details whereof reads thus: High Court Lawyers Welfare Fund. Bank details whereof reads thus: Account No.65018692589; Account No.65018692589; IFSC Code: SBIN0050306; IFSC Code: SBIN0050306; Branch Code: 50306 & Branch Code: 50306 & te Bank of India, High Court Branch, Chandigarh Bank: State Bank of India, High Court Branch, Chandigarh Bank: Sta Payment of costs and production of receipt thereof shall be a condition Payment of costs and production of receipt thereof shall be a condition Payment of costs and production of receipt thereof shall be a condition Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove.” precedent for recording of statements in the manner directed for hereinabove.” precedent for recording of statements in the manner directed for hereinabove.” 3. Magistrate 1st udicial Pursuant to the aforesaid order, report dated 24.09.2025 from Judicial Pursuant to the aforesaid order, report dated Pursuant to the aforesaid order, report dated st Class, Kharar/UID No.PB0491 , has been received, which is 91, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- taken on record. As per the report, the Trial Court has recorded as follows: taken on record. As per the report, the Trial Court has recorded as follows: “ With reference to the subject cited above, I have the honour to submit that With reference to the subject cited above, I have the honour to submit that With reference to the subject cited above, I have the honour to submit that compliance with order dated 17.09.2025 passed by the Hon'ble Punjab & Haryana High in compliance with order dated 17.09.2025 passed by the Hon'ble Punjab & Haryana High compliance with order dated 17.09.2025 passed by the Hon'ble Punjab & Haryana High compliance with order dated 17.09.2025 passed by the Hon'ble Punjab & Haryana High M No. 52047 of 2025, as per which the parties were directed to Court, Chandigarh in CRM-M No. 52047 of 2025, as per which the parties were directed to M No. 52047 of 2025, as per which the parties were directed to Court, Chandigarh in CRM get their statements recorded qua the factum of compromise. get their statements recorded qua the factum of compromise. get their statements recorded qua the factum of compromise. esaid order, joint statement of the complainant In compliance of the abovesaid order, joint statement of the complainant esaid order, joint statement of the complainant In compliance of the abov Mohammed Junaid son of Mohammed Ismail and injured namely Mohammed Javed son of Mohammed Junaid son of Mohammed Ismail and injured namely Mohammed Javed son of Mohammed Junaid son of Mohammed Ismail and injured namely Mohammed Javed son of Mohammed Junaid son of Mohammed Ismail and injured namely Mohammed Javed son of Mohammed Ismail and Shahruk @ Shahrukh son of Liyakat @ Liakat, residents of village Mohammed Ismail and Shahruk @ Shahrukh son of Liyakat @ Liakat, residents of village Mohammed Ismail and Shahruk @ Shahrukh son of Liyakat @ Liakat, residents of village Mohammed Ismail and Shahruk @ Shahrukh son of Liyakat @ Liakat, residents of village Muzaffar Nagar, U.P. presently residing at Aamirnagar, Police Station Titwai, District Muzaffar Nagar, U.P. presently residing at Muzaffar Nagar, U.P. presently residing at Aamirnagar, Police Station Titwai, District House no. Ranjit Singh Sarpanch, Ward No.6, Near Gugga Maari, Kurali, District S.A.S. House no. Ranjit Singh Sarpanch, Ward No.6, Near Gugga Maari, Kurali, District S.A.S. House no. Ranjit Singh Sarpanch, Ward No.6, Near Gugga Maari, Kurali, District S.A.S. House no. Ranjit Singh Sarpanch, Ward No.6, Near Gugga Maari, Kurali, District S.A.S. Nagar, Punjab were recorded on 22.09.2025. Nagar, Punjab were recorded on 22.09.2025. The complainant and injured have suffered a joint statement to the effect that The complainant and injured have suffered a joint statement to the effect that The complainant and injured have suffered a joint statement to the effect that The complainant and injured have suffered a joint statement to the effect that 115(2), 351(2), 324(4), present FIR No.39 dated 24.05.2025 under Section 109, 333, 115(2), 351(2), 324(4), present FIR No.39 dated 24.05.2025 under Section 109, 333, the present FIR No.39 dated 24.05.2025 under Section 109, 333, 191(3), 190 of BNS has been registered at PS City Kurali on the statement of Mohammed 191(3), 190 of BNS has been registered at PS City Kurali on the statement of Mohammed 191(3), 190 of BNS has been registered at PS City Kurali on the statement of Mohammed 191(3), 190 of BNS has been registered at PS City Kurali on the statement of Mohammed Junaid complainant against the accused Gurinder Singh son of Mohan Singh, resident of Junaid complainant against the accused Gurinder Singh son of Mohan Singh, resident of Junaid complainant against the accused Gurinder Singh son of Mohan Singh, resident of Junaid complainant against the accused Gurinder Singh son of Mohan Singh, resident of li) and unknown persons. Now village Bhajauli, Tehsil Kharar, District S.A.S. Nagar (Mohali) and unknown persons. Now village Bhajauli, Tehsil Kharar, District S.A.S. Nagar (Moha village Bhajauli, Tehsil Kharar, District S.A.S. Nagar (Moha with the intervention of the respectable persons of the society, they have compromised the with the intervention of the respectable persons of the society, they have compromised the with the intervention of the respectable persons of the society, they have compromised the with the intervention of the respectable persons of the society, they have compromised the matter with the aforesaid accused Gurinder Singh. They do not want to take any legal action matter with the aforesaid accused Gurinder Singh. They do not want to take any legal action matter with the aforesaid accused Gurinder Singh. They do not want to take any legal action matter with the aforesaid accused Gurinder Singh. They do not want to take any legal action grudge against each other. They further against unknown persons and now they have no grudge against each other. They further grudge against each other. They further against unknown persons and now they have no stated that the said compromise is genuine, voluntary and without any coercion or undue stated that the said compromise is genuine, voluntary and without any coercion or undue stated that the said compromise is genuine, voluntary and without any coercion or undue stated that the said compromise is genuine, voluntary and without any coercion or undue influence from any corner and in future, they shall not take any further action against the influence from any corner and in future, they shall not take any further action against the influence from any corner and in future, they shall not take any further action against the influence from any corner and in future, they shall not take any further action against the esent FIR. They have no objection if the present FIR may aforesaid accused persons in the present FIR. They have no objection if the present FIR may esent FIR. They have no objection if the present FIR may aforesaid accused persons in the pr be quashed against the accused persons. They have placed on record copy of compromise be quashed against the accused persons. They have placed on record copy of compromise be quashed against the accused persons. They have placed on record copy of compromise GURPREET 2025.10.28 16:36 I attest to the accuracy and authenticity of this document. CRM-M-52047 52047-2025 -4- 2. They placed on record copy of their Aadaar Card as 2. They placed on record copy of their Aadaar Card a dated 03.08.2025 as Annexure P-2. They placed on record copy of their Aadaar Card a dated 03.08.2025 as Annexure P Mark A1, Mark A2 and Mark A3 respectively. Mark A1, Mark A2 and Mark A3 respectively. Similarly, statement of accused Gurinder Singh son of Mohan Singh, resident Similarly, statement of accused Gurinder Singh son of Mohan Singh, resident Similarly, statement of accused Gurinder Singh son of Mohan Singh, resident Similarly, statement of accused Gurinder Singh son of Mohan Singh, resident of village Bhajauli, Tehsil Kharar, District S.A.S. Nagar, Mohali has also been recorded of village Bhajauli, Tehsil Kharar, District S.A.S. Nagar, Mohali has also been recorded of village Bhajauli, Tehsil Kharar, District S.A.S. Nagar, Mohali has also been recorded of village Bhajauli, Tehsil Kharar, District S.A.S. Nagar, Mohali has also been recorded on record copy of his Aadhaar Card as Mark with regard to the compromise. He also placed on record copy of his Aadhaar Card as Mark on record copy of his Aadhaar Card as Mark with regard to the compromise. He also placed C3. Statement of ASI Sukhdev Singh no.258/SBSN, posted at PS City Kurali has Statement of ASI Sukhdev Singh no.258/SBSN, posted at PS City Kurali has Statement of ASI Sukhdev Singh no.258/SBSN, posted at PS City Kurali has Statement of ASI Sukhdev Singh no.258/SBSN, posted at PS City Kurali has also been recorded to the effect that he is the Investigation Officer of the present FIR. He also been recorded to the effect that he is the Investigation Officer of the present FIR. He also been recorded to the effect that he is the Investigation Officer of the present FIR. He also been recorded to the effect that he is the Investigation Officer of the present FIR. He ated dated 24.05.2025 under Section 109, 333, further stated that the present FIR no.39 dated dated 24.05.2025 under Section 109, 333, ated dated 24.05.2025 under Section 109, 333, further stated that the present FIR no.39 d 115(2), 351(2), 324 (4), 191(3), 190 of BNS 2023, has been registered at PS City Kurali on 115(2), 351(2), 324 (4), 191(3), 190 of BNS 2023, has been registered at PS City Kurali on 115(2), 351(2), 324 (4), 191(3), 190 of BNS 2023, has been registered at PS City Kurali on 115(2), 351(2), 324 (4), 191(3), 190 of BNS 2023, has been registered at PS City Kurali on the statement of complainant Mohammed Junial son of Mohammed Ismail, resident of of the statement of complainant Mohammed Junial son of Mohammed Ismail, resident of of the statement of complainant Mohammed Junial son of Mohammed Ismail, resident of of the statement of complainant Mohammed Junial son of Mohammed Ismail, resident of of village Aamirnagar, Police Station Titwai, District Muzaffar Nagar, U.P. village Aamirnagar, Police Station presently residing Titwai, District Muzaffar Nagar, U.P. presently residing at House of Ranjit Singh Sarpanch, Ward No.6, Near Guggar Maari, Kurali, District S.A.S. at House of Ranjit Singh Sarpanch, Ward No.6, Near Guggar Maari, Kurali, District S.A.S. at House of Ranjit Singh Sarpanch, Ward No.6, Near Guggar Maari, Kurali, District S.A.S. at House of Ranjit Singh Sarpanch, Ward No.6, Near Guggar Maari, Kurali, District S.A.S. Nagar, Punjab against accused Gurinder Singh son of Mohan Singh, resident of village Nagar, Punjab against accused Gurinder Singh son of Mohan Singh, resident of village Nagar, Punjab against accused Gurinder Singh son of Mohan Singh, resident of village Nagar, Punjab against accused Gurinder Singh son of Mohan Singh, resident of village Bhajauli, Tehsil Kharar, District S.A.S. Nagar (Mohali) and 7 Bhajauli, Tehsil Kharar, 8 unknown persons. There is District S.A.S. Nagar (Mohali) and 7-8 unknown persons. There is one complainant Mohammed Junaid whereas two injured in the present case. No accused one complainant Mohammed Junaid whereas two injured in the present case. No accused one complainant Mohammed Junaid whereas two injured in the present case. No accused one complainant Mohammed Junaid whereas two injured in the present case. No accused has been declared as proclaimed offender. has been declared as proclaimed offender. humbly submitted Hence, in these circumstances, from above statements, it is humbly submitted Hence, in these circumstances, from above statements, it is Hence, in these circumstances, from above statements, it is that:- 8 unknown accused other than the petitioner, arrayed in this petition. (i) There are other 7-8 unknown accused other than the petitioner, arrayed in this petition. (i) There are other 7 (ii) There is no any other complainant or affected/aggrieved party other than the (ii) There is no any other complainant or affected/aggrieved party other than the (ii) There is no any other complainant or affected/aggrieved party other than the (ii) There is no any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition. respondents, arrayed in the petition. s been declared as proclaimed offender. (iii) No accused has been declared as proclaimed offender. (iii) No accused ha facie, it transpire that the compromise is genuine, From statement of above persons, ex-facie, it transpire that the compromise is genuine, facie, it transpire that the compromise is genuine, From statement of above persons, ex voluntarily and out of free will of the parties qua complainant and accused. voluntarily and out of free will of the parties qua complainant and accused. voluntarily and out of free will of the parties qua complainant and accused. erusal of Hence, the requisite report is submitted for kind perusal of Hence, the requisite report is submitted for kind p ” your good-self.” 4. admits the factum of Learned counsel for respondent No.2 to 4 admits the factum of Learned counsel for respondent No.2 Learned counsel for respondent No.2 parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the parties having compromised and states that he has no objection in case the impugned FIR FIR is quashed. 5. no objection Similarly, learned State counsel has stated that he has no objection Similarly, learned State counsel has stated that he has Similarly, learned State counsel has stated that he has is quashed as the parties have compromised the in case the impugned FIR is quashed as the parties have compromised the is quashed as the parties have compromised the in case the impugned matter amicably. matter amicably. 6. I have heard learned counsel for the parties and have carefully I have heard learned counsel for the parties and have carefully I have heard learned counsel for the parties and have carefully I have heard learned counsel for the parties and have carefully gone through the records of the case. It appears that from the gone through the records of the case. of the case It appears that from the milieu of the case GURPREET 2025.10.28 16:36 I attest to the accuracy and authenticity of this document. CRM-M-52047 52047-2025 -5- in hand, offence under Section 109 of BNS (read with 307 of the IPC) was not in hand, offence under Section 109 of BNS (read with 307 of the IPC) was not in hand, offence under Section 109 of BNS (read with 307 of the IPC) was not in hand, offence under Section 109 of BNS (read with 307 of the IPC) was not made out. 7. This Court and Apex Court has repeatedly dealt with the issue of This Court and Apex Court has repeatedly dealt with the issue of This Court and Apex Court has repeatedly dealt with the issue of This Court and Apex Court has repeatedly dealt with the issue of ng in exercise of jurisdiction under Section 482 of the Code to quash proceeding in exercise of jurisdiction under Section 482 of the Code to quash proceedi exercise of jurisdiction under Section 482 of the Code to quash proceedi non-compoundable offences in the cases of Gian Singh vs. State of Punjab compoundable offences in the cases of Gian Singh vs. State of Punjab Gian Singh vs. State of Punjab