DILBAG SINGH AND ANOTHER 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 Mr. Suresh Kumar Arya, Advocate Mr. Suresh Kumar Arya, Advocate Present: Mr. Suresh Kumar Arya, Advocate for the petitioners. for the petitioners. Mr. Ravneet Singh Lekhi, AAG, Punjab. Mr. Ravneet Singh Lekhi, AAG, Punjab. Mr. Ravneet Singh Lekhi, AAG, Punjab. Mr. M.K. Bhatnagar, Advocate for M.K. Bhatnagar, Advocate for Mr. Advocate Mr. Shatun Chaudhary, Advocate Mr. Shatun Chaudhary, for respondent No.2. for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. This is second petition filed under Section This is Bharatiya petition filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for quashing of Nagarik Suraksha Sanhita (BNSS), 2023 FIR No.73, dated for quashing of FIR No.73, dated

05.09.2024, under Sections 406, 420, 120- 05.09.2024, under Sections 406, 420, 120 B IPC, at PS Mehta, District -B IPC, at PS Mehta, District subsequent proceedings arising therefrom Amritsar Rural (Annexure P-1) and subsequent proceedings arising therefrom subsequent proceedings arising therefrom Amritsar Rural (Annexure P on the basis of compromise dated 12.09.2024 (Annexure P on the basis of

12.09.2024 (Annexure P-2).

2. This Court vide order dated 27.02.2026 This had directed the parties 7.02.2026 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 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. CRM-M-11323 11323-2026 2

3. Pursuant to the aforesaid order, the part Pursuant to the aforesaid order, have appeared before the parties have appeared before and got their Divisional Judicial Magistrate, Baba Bakala Sahib and got their Divisional Judicial Magistrate, Baba Bakala Sahib Sub-Divisional Judicial Magistrate, Baba Bakala Sahib - statements recorded. On the basis of the statements so recorded, Sub- statements recorded. On the basis of the statements so recorded, statements recorded. On the basis of the statements so recorded, has submitted report dated Divisional Judicial Magistrate, Baba Bakala Sahib has submitted report dated Divisional Judicial Magistrate, Baba Bakala Sahib Divisional Judicial Magistrate, Baba Bakala Sahib

18.03.2026 to the effect that the compromise has been effected between the to the effect that the compromise has been effected between the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. parties voluntarily and without any coercion or undue influence. parties voluntarily and without any coercion or undue influence.

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 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.

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. 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 of this Court in Kulwinder Singh and others Versus State o of this Court in f Punjab and Kulwinder Singh and others Versus State of Punjab and 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.73, dated 05.09.2024, under , this petition is allowed and FIR No.73, dated 05.09.2024, under FIR No.73, dated 05.09.2024, under PS Mehta, District Amritsar Rural Sections 406, 420, 120-B IPC, at PS Mehta, District Amritsar Rural PS Mehta, District Amritsar Rural Sections 406, 420, 120 (Annexure P-1) and subsequent proceedings arising therefrom on the basis of 1) and subsequent proceedings arising therefrom on the basis of subsequent proceedings arising therefrom on the basis of compromise dated dated 12.09.2024 (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.

17.04.2026 Gurpreet PINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No