Makhan Lal Bansal And Another vs State Of Punjab And Another
2024 Latest Caselaw 18645 P&H

Punjab-Haryana High Court

Makhan Lal Bansal And Another vs State Of Punjab And Another on 21 October, 2024

                                Neutral Citation No:=2024:PHHC:137326




CRM-M-44195-2024                                                -1-


        IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

279                              CRM-M-44195-2024
                                 Date of decision: 21st October, 2024

Makhan Lal Bansal and another
                                                                  ...Petitioners
                                        Versus

State of Punjab and another
                                                               ...Respondents


CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:    Mr. Raja Paramdeep Saini, Advocate for the petitioners.
            (appeared through video conferencing)

            Mr. A.S. Samra, AAG, Punjab.

            Ms. Shivani Saini, Advocate for respondent No.2.
            (appeared through video conferencing)

                   ***

MANISHA BATRA, J (ORAL):-

Prayer in this petition filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of FIR

No.117 dated 17.06.2019 under Sections 420, 120-B of IPC registered at

Police Station City Sangrur, District Sangrur and all subsequent proceedings

arising therefrom on the basis of compromise dated 22.08.2024 (Annexure

P-2).

2. This Court vide order dated 09.09.2024 had directed the parties

to appear before the trial Court to get their statements recorded and the

learned Magistrate was directed to send its report qua the genuineness of the

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Neutral Citation No:=2024:PHHC:137326

compromise.

3. Pursuant to the aforesaid order, parties have appeared before

Chief Judicial Magistrate, Sangrur and got their statements recorded. On the

basis of the statements so recorded, Learned Magistrate has submitted report

dated 11.10.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

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

have not disputed the factum of compromise between the parties.

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

continue with the proceedings before the trial Court in the instant F.I.R.

Following the principles laid down by the Full Bench judgment of this Court

in Kulwinder Singh and others Versus State of Punjab and 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 SCC 303, this

petition is allowed and FIR No.117 dated 17.06.2019 under Sections 420,

120-B of IPC registered at Police Station City Sangrur, District Sangrur and

all subsequent proceedings arising therefrom on the basis of compromise

dated 22.08.2024 (Annexure P-2) are quashed qua the petitioners.

[MANISHA BATRA] JUDGE 21st October, 2024 Parveen Sharma

1. Whether speaking/ reasoned : Yes / No

2. Whether reportable : Yes / No

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