MATI MASIH AND OTHERS v. STATE OF PUNJAB

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Ankur Pandey, Advocate Present: Mr. Ankur Pandey, for the petitioners. for the petitioners. Mr. K.D. Sachdeva, AAG, Punjab. Mr. K.D. Sachdeva, AAG, Punjab Mr. K.D. Sachdeva, AAG, Punjab M Mr. Sandeep Jasuja, Advocate for respondent Nos.2 to 6. for respondent Nos.2 to 6. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. This is a petition filed under Section 528 of the Bhartiya Nagrik This is a petition filed under Section 528 of the Bhartiya Nagrik This is a petition filed under Section 528 of the Bhartiya Nagrik This is a petition filed under Section 528 of the Bhartiya Nagrik DDR No.33, dated 20.07.2024, under Suraksha Sanhita, 2023 for quashing of DDR No.33, dated 20.07.2024, under DDR No.33, dated 20.07.2024, under Suraksha Sanhita, 2023 for quashing of Sections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station Sections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station Sections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station Sections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station ) in FIR No.82, dated 19.07.2024, Arniwala, District Fazilka (Annexure P-1) in FIR No.82, dated 19.07.2024, ) in FIR No.82, dated 19.07.2024, Arniwala, District Fazilka (Annexure P under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, subsequent proceedings arising District Fazilka, (Annexure P-2) and subsequent proceedings arising subsequent proceedings arising District Fazilka, (Annexure P therefrom on the basis of compromise dated 06.02.2025 therefrom on the basis of

06.02.2025 (Annexure P-3).

2. The co-ordinate bench of this Court vide order dated Th

20.01.2026 Court vide order dated 20.01.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get had directed the parties to appear before the Illaqa/Duty Magistrate to get had directed the parties to appear before the Illaqa/Duty Magistrate to get had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its their statements recorded and the learned Magistrate was directed to send its their statements recorded and the learned Magistrate was directed to send its their statements recorded and the learned Magistrate was directed to send its mise. report qua the genuineness of the compromise. report qua the genuineness of the compro GURPREET 2026.02.28 11:27 I attest to the accuracy and authenticity of this document. CRM-M-69847 69847-2025 2

3. Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On Judicial Magistrate First Class, Fazilka and got their statements recorded. On and got their statements recorded. On Judicial Magistrate First Class, the basis of the statements so recorded, Judicial Magistrate First Class, the basis of the statements so recorded, Judicial Magistrate the basis of the statements so recorded, Judicial Magistrate Fazilka has submitted repo has submitted report dated 18.02.2026 to the effect that the 18.02.2026 to the effect that the compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without any coercion or undue influence. any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent Nos.2 to Learned State counsel as well as counsel for respondent No Learned State counsel as well as counsel for respondent No 6 have not disputed the factum of comp romise 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 Singh and others Versus State of Punjab and of this Court in Kulwinder Singh and others Versus State of Punjab and 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 DDR No.33, dated 20.07.2024, under , this petition is allowed and DDR No.33, dated 20.07.2024, under DDR No.33, dated 20.07.2024, under ections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station Sections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station ections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station ections 333, 115(2), 351(2) and 3(5) of BNS, registered at Police Station 1) in FIR No.82, dated 19.07.2024, Arniwala, District Fazilka (Annexure P-1) in FIR No.82, dated 19.07.2024, 1) in FIR No.82, dated 19.07.2024, Arniwala, District Fazilka (Annexure P under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, under Sections 333, 115(2), 351(2) and 3(5) BNS, at Police Station Arniwala, subsequent proceedings arising District Fazilka, (Annexure P-2) and subsequent proceedings arising subsequent proceedings arising District Fazilka, (Annexure P therefrom on the basis of compromise dated therefrom on the basis of dated 06.02.2025 (Annexure P-3) 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.

26.02.2026 Gurpreet GURPREET 2026.02.28 11:27 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