CRM-M-57480 v. STATE OF PUNJAB & Anr.

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Raj Kumar Arya, Advocate for the petitioner. Present: Mr. Raj Kumar Arya, Advocate for the petitioner. Mr. Raj Kumar Arya, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Rahul Jindal, AAG, Punjab. Geeteshwar Saini, Advocate for respondent No.2. Mr. Geeteshwar Saini, Advocate for respondent No.2. Mr. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Bharatiya Nagarik This is a petition filed under Section 528 Bharatiya Nagarik This is a petition filed under Section This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of Suraksha Sanhita (BNSS), 2023 FIR No.62, dated for quashing of FIR No.62, dated

12.06.2025, under Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of 12.06.2025, under Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of 12.06.2025, under Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of 12.06.2025, under Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of 1) Atrocities) Act, 1989, at PS Purana Shall, District Gurdaspur (Annexure P-1) Atrocities) Act, 1989, at PS Purana Shall, District Gurda Atrocities) Act, 1989, at PS Purana Shall, District Gurda compromise subsequent proceedings arising therefrom on the basis of compromise subsequent proceedings arising therefrom on the basis of and subsequent proceedings arising therefrom on the basis of dated 21.09.2025 (Annexure P

21.09.2025 (Annexure P-2).

2. This Court vide order dated 09.02.2026 This had directed the parties 09.02.2026 had directed the parties ents recorded to appear before the Illaqa/Duty Magistrate to get their statements recorded to appear before the Illaqa/Duty Magistrate to get their statem to appear before the Illaqa/Duty Magistrate to get their statem 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.

3. did not appear before the Pursuant to the aforesaid order, parties did not appear before the Pursuant to the aforesaid order, parties Pursuant to the aforesaid order, parties Illaqa/Duty Magistrate to record statement and on request of the parties vide Illaqa/Duty Magistrate to record statement and on request of the parties Illaqa/Duty Magistrate to record statement and on request of the parties GURPREET 2026.04.17 18:07 I attest to the accuracy and authenticity of this document. CRM-M-57480 57480-2025 2 order dated 24.02.2026 one another opportunity was granted to record their order dated 24.02.2026 one another opportunity was granted to record their order dated 24.02.2026 one another opportunity was granted to record their order dated 24.02.2026 one another opportunity was granted to record their statements. Thereafter, the parties have appeared before statements. Thereafter, the parties Judicial Magistrate have appeared before Judicial Magistrate and got their statements recorded. On the basis of the First Class, Gurdaspur and got their statements recorded. On the basis of the and got their statements recorded. On the basis of the First Class, Gurdaspur statements so recorded, Judicial Magistrate First Class, Gurdaspur statements so record Judicial Magistrate First Class, Gurdaspur has to the effect that the compromise has been submitted report dated 12.03.2026 to the effect that the compromise has been to the effect that the compromise has been submitted report dated effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue effected between the parties voluntarily and without any coercion or undue influence.

4. el for respondent No.2 Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as couns Learned State counsel as well as couns 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.

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

6. down by the Full Bench judgment Following the principles laid down by the Full Bench judgment down by the Full Bench judgment Following the principles laid 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 another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.62, dated 12.06.2025, under , this petition is allowed and FIR No.62, dated 12.06.2025, under FIR No.62, dated 12.06.2025, under Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of Atrocities) Act, 1989, Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of Atrocities) Act, 1989, Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of Atrocities) Act, 1989, Sections 3(1) (r) 3 (1) (s) of SC and ST (Prevention of Atrocities) Act, 1989, subsequent at PS Purana Shall, District Gurdaspur (Annexure P-1) and subsequent at PS Purana Shall, District Gurdaspur (Annexure P at PS Purana Shall, District Gurdaspur (Annexure P proceedings arising therefrom on the basis of proceedings arising therefrom on the basis

21.09.2025 of compromise dated 21.09.2025 (Annexure P-2) 2) are quashed.

7. Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. of, accordingly.

16.04.2026 Gurpreet GURPREET 2026.04.17 18:07 I attest to the accuracy and authenticity of this document. (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No